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Exhibit (B) 2B
POLICE COURT OF GUAM
REPORT OF TRAFFIC VIOLATIONS
Number of cases pending as of 31 December 1950
to 31 December 1951
to 31 December 1951 Total number of cases pending as of 1 January 1952
Number of cases pending as of 31 December 1950
to 31 December 1951
SUMMARY OF CASES PENDING
Disturbing the peace
2 1 3
Exhibit (C) 1
RULES OF COURT OF DISTRICT COURT
RULES OF COURT
THE DISTRICT COURT OF GUAM
OCTOBER 3, 1951
NOVEMBER 21, 1951
As approved by the Judicial Council of Guam October 3, 1951 and consisting of two parts, Part I governing general rules and Part II rules on appeal.
RULE 1. TITLE OF COURT
The seal shall contain around the outer edge thereof “District Court of Guam” running from left to right from the word "Seal" which shall be in the center of the lower part of said outer edge, set off with a star before the letter “S” and after the letter “L”; and in the center, the figure or representative of an eagle.
RULE 3. ATTORNEYS
(a) ROLL OF ATTORNEYS.
The Bar of this Court consists of those heretofore and those here. after admitted to practice before this Court, who have taken the oath prescribed by the rules in force when they were admitted, or that prescribed by this rule, and have signed the roll of attorneys of this District. (b) ELIGIBILITY.
After August 9, 1951 admission to the Bar of this Court shall be limited to those who have been certified by the Committee of Examiners of the Judicial Council as provided for in Section 277, Chapter III, Part I of the Code of Civil Procedure of Guam, except that attorneys and counselors at law admitted to practice in the highest court of any state or territory, but who are not qualified under this rule to practice in this Court, may, nevertheless, if they are representing the United States of America, the Government of Guam, or any officer or agency thereof, practice before this Court in any action or proceeding in this Court in which the United States, the Government of Guam, or any officer or agency thereof is a party.
(c) DISBARMENT AND DISCIPLINE.
Disbarment and discipline shall be as provided for in Sections 280 and 281, Chapter III, Part I of the Code of Civil Procedure of Guam.
RULE 4. ASSOCIATE ATTORNEYS
All attorneys who practice in this court, and reside outside of Guam, shall associate with them in the action a resident attorney on whom notice may be served and who shall have the authority to act for and on behalf of the client in all matters, including pre-trial conferences and the trial of the case. Such resident attorney shall sign the first pleading filed and continue in the case unless other resident counsel be substituted.
RULE 5. FEDERAL RULES OF CIVIL PROCEDURE
All civil actions brought before this court, or actions transferred to this court, except appealed cases, shall be governed by the Federal Rules of Civil Procedure as heretofore or hereafter promulgated by the Supreme Court of the United States. Civil actions transferred from the Island Court shall be so governed after the transfer. Provisions in said Federal Rules of Civil Procedure relative to jury trials shall not be applicable.
RULE 6. SERVICE OF PAPERS
(a) MANNER OF SERVICE.
Service of all papers requiring service under these rules may be made in the manner specified in Rule 5(b) of the Federal Rules of Civil Procedure. If any paper is served by delivery of a copy, the delivery may be performed by any person of suitable age and discretion, unless otherwise expressly provided in the Federal Rules of Civil Procedure.
(b) PROOF OF SERVICE.
Proof of service of all pleadings and other papers required or permitted to be served, other than those for which a method of proof is prescribed in the Federal Rules of Civil Procedure, may be by written acknowledgment of service, by affidavit of the person making service, by representation of counsel as hereinafter defined, or by any other proof satisfactory to the court.
When a member of the bar of this court applies to the clerk for the entry of a default or of a default judgment or for the certification of the record on appeal, or applies to the court for an order or judgment, such application is a representation that due service has been made of all pleadings or papers required by the Federal Rules of Civil Procedure to be made as a condition to the relief sought and for which no acknowledgment or affidavit of service is on file. No other proof of service is required unless an adverse party raises a question of due notice.
A party who has been prejudiced by failure to receive due notice may apply to the court for appropriate relief.
RULE 7. ORDERS, FINDINGS AND JUDGMENTS (a) ORDERS GRANTABLE BY THE CLERK.
The clerk of this court is authorized to grant, sign, and enter the following orders without further direction by the court, but any orders so entered may be suspended, altered or rescinded by the court for cause shown:
(1) Orders specially appointing persons of suitable discretion, and eighteen years of age or over, to serve the summons and complaint;
(2) Orders on consent extending once (for 10 days) the time within which to plead or otherwise defend or to make any motion (except a motion for a new trial) if the time originally prescribed to plead, defend, or move has not expired;
(3) Orders on consent for the substitution of attorneys;
(4) Orders on consent satisfying a judgment or an order for the payment of money, annulling bonds, and exonerating sureties;
(5) Any other of the orders referred to in Rule 77(c) of the Federal Rules of Civil Procedure which do not require allowance or order of the court. (b) ENTRY OF JUDGMENT AND ORDERS.
(1) In all cases the notation of judgments and orders in the civil docket by the clerk will be made at the earliest practicable time. The notations of judgments will not be delayed pending taxation of costs, but a blank space may be left in the form of judgment for insertion of costs by the clerk after they have been taxed, or there may be inserted in the judgment a clause reserving jurisdiction to tax and apportion the costs by subsequent order.
(2) Orders under subdivision (a) of this rule will be noted in the civil docket immediately after the clerk has signed them. The clerk may require any party obtaining a judgment or order which does not require approval as to form by the judge, to supply him with a draft thereof.
(3) No judgment or order except orders grantable of course by the clerk under subdivision (a) of this rule and judgments which the clerk is authorized by the Federal Rules of Civil Procedure to enter without direction of the court will be noted in the civil docket until the clerk has received from the court a specific direction to enter it. Unless the court's direction be given to the clerk in open court and noted in the minutes, it should be evidenced by the signature or initials of the judge on the form of judgment or order.
(4) Every order and judgment shall be filed in the clerk's office, and, if the clerk so requests, a copy must also be delivered to the clerk for insertion in the civil order book.
(c) SETTLEMENT OF JUDGMENTS AND ORDERS BY THE COURT.
(1) Within 10 days after the announcement of the decision of the court awarding any judgment or order which requires settlement and approval as to form by the judge, the prevailing party shall prepare a draft of the order or judgment embodying the court's decision and serve a copy thereof upon each party who has apeared in the action and mail or deliver a copy to the clerk. Any party thus receiving the proposed draft of judgment or order shall within 5 days thereafter serve upon the prevailing party and mail or deliver to the clerk a statement of his approval or disapproval as to the form of the draft and, in the latter instance, a statement of his objections and the reasons therefore and a draft of the order or judgment which he proposed as a substitute for the draft transmitted to him. At the expiration of 15 days after the announcement of the decision the clerk will submit to the judge for such further proceedings as are necessary in the circumstances all drafts and accompanying papers which he has received.
(2) No judgment need be signed by the judge, but an initialed approval on the draft of judgment will be sufficient evidence of direction to enter it and authorization to the clerk to note the judgment forthwith in the civil docket.
(d) SETTLEMENT OF FINDINGS OF FACT AND CONCLUSIONS OF LAW.
Within 10 days after the announcement of the decision of the court awarding judgment in any action, the prevailing party shall, unless the court otherwise orders, prepare a draft of the findings of fact and conclusions of law required by Rule 52(a) of the Federal Rules of Civil Procedure, and serve a copy thereof upon each party who has appeared in the action and mail or deliver a copy to the clerk. Any party thus receiving the proposed draft of findings of fact and conclusions of law shall within 5 days thereafter serve upon the prevailing party and mail or deliver to the clerk a statement of his approval or disapproval of the form of the draft and, in the latter instance, a statement of his objections and the reasons therefor and a draft of the findings and conclusions which he proposes as a substitute for the draft transmitted to him. At the expiration of 15 days after the announcement of the decision, the clerk will submit to the judge for such further proceedings as are necessary in the circumstances all drafts and accompanying papers which he has received.
RULE 8. FILES AND FILING
(a) FLAT FILING.
In order that the files in the clerk's office may be kept under the system commonly known as "flat filing,” all papers presented to the clerk or judge for filing shall be flat and unfolded, legal size, double spaced, not less than 20-pound bond of not less than 25 percent rag content.
(b) FAILURE TO FILE.
If any party to an action fails to file within 5 days after the service, any of the papers required by Rule 5(d) of the Federal Rules of Civil Procedure to be filed, the court, on motion of any party to the action or on his own motion, may order the papers to be filed forthwith and if the order be not obeyed, the court may order them to be regarded as stricken and their service to be of no effect.