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RULE 8. MOTION FOR REHEARING OR NEW TRIAL AFTER
FINAL DECISION DISTRICT COURT
Pursuant to Section 65, Public Law 17 when the District Court has entered a final decision in cases tried by it and no appeal lies to the United States Court of Appeals for the Ninth Circuit the unsuccessful party may move for a rehearing or a new trial for consideration by the Appellate Division of the District Court. The motion shall be filed within the same time as notices of appeal in the Island Court and a docket fee of $25.00 paid to the clerk at the time the motion is filed. The procedure thereafter shall be the same as on appeals from the Island Court, except that the District Court will take judicial notice of its own records and references in briefs will be to such records. The preparation of the transcript or portions thereof shall be governed as on appeals from the Island Court. The District Judge who tried the case shall not participate in the consideration of the merits of the motion.
RULE 9. ORAL ARGUMENTS
When a quorum is available to hear oral arguments on appeal the clerk of the court will advise counsel as to the time and place for such arguments. However, the parties may agree that oral argument may be waived and that a determination of the appeal may be made on the record and briefs without the necessity for the presence of the additional judge or judges in Guam. In that event the judge of the District Court, on appeals from the Island Court, shall have the right to call counsel for the parties into conference for the purpose of clarifying points at issue. He shall append his report of such conference to the record.
RULE 10. OPINIONS OF THE COURT
The original opinions of the court shall be filed with the clerk of the District Court for preservation, and when so filed the same shall be deemed to be recorded.
A petition for rehearing may be presented within 15 days after judg. ment. Such petition shall be typewritten and briefly and succinctly state its grounds, and be supported by a certificate of counsel that in his judgment it is well founded and that it is not interposed for delay.
When an appeal is prosecuted and the judgment of the Island Court is affirmed, the interest shall be calculated and levied from the date of the judgment in the Island Court was entered until the same is paid at the same rate as similar judgments bear interest. When an appeal shall delay the proceedings or the judgment of the Island Court, and shall appear to have been sued out merely for delay, damages at a rate not exceeding 10 per cent, in addition to interest, shall be awarded upon the amount of judgment.
RULE 13. COSTS
(a) In all cases when an appeal shall be dismissed or judgment affirmed costs shall be allowed to the appellate unless otherwise ordered.
(b) In cases of reversal of any judgment or decree, costs shall be allowed to the appellant, including the cost of the transcript unless otherwise ordered by the court.
(c) Neither of the foregoing sections shall apply to cases where the Government of Guam is a party, but in such cases no costs shall be allowed in the District Court for or against the Government of Guam.
(d) When costs are allowed in appeal it shall be the duty of the clerk to insert the amount thereof in the body of the mandate, or other proper process sent to the Island Court.
RULE 14. MANDATE
In all cases finally determined in the District Court other than original proceedings, a mandate or other proper process shall be issued as of course from the District Court to the Island Court for the purpose of informing such court of the proceedings in the District Court so that further proceedings may be had in such court as may be required. Such mandate, if not stayed by order of the court shall be issued at the expiration of 20 days from the date of final determination, unless within said time a petition for rehearing is filed in which case the mandate shall be stayed until 5 days after the determination of such petition.
AMENDMENTS TO THE
RULES OF COURT
DISTRICT COURT OF GUAM The following amendments to the rules of court were approved Nov. ember 21, 1951 by the Judicial Council and are effective immediately.
Rule 1(b), Part II of the rules is amended to provide:
AUTHORITY. The rules governing procedure on appeal are promulgated pursuant to Sections 66 and 67 of the Code of Civil Procedure as amended by Public Law 17, First Guam Legislature, approved August 9, 1951.
Rule 4, Part II of the rules is amended to provide that subsections (a), (b), (c), (d), (e), (f), (g) and (i) are eliminated. Subsection (h) shall become subsection (a) and subsections (j) through (n) shall become subsections (b) through (f). The reference in subsection (h) to subdivisions (m) and (n) refers to new subsections (e) and (f).
Rule 8(b), Part II of the rules is amended to eliminate subsection 2. Subsections 3 through 6 shall become subsections 2 through 5. The word “appellant’s” in the second line of amended subsection 4 shall read "appellee's."
FINAL LEGISLATIVE HISTORY
FIRST GUAM LEGISLATURE
January 8, 1951 through July 8, 1952
1-Cruz, Antonio C. February 14, 1951. To Committee on Judiciary.
An Act specifying offices under the Government of Guam whose appointment require prior confirmation by the Guam Legislature.
Failed of passage-Rule XXI, Section 4. 1-A-Perez, Frank D. January 8, 1951. To Special Select Committee on Per
May 7—Signed by the Governor. Public Law No. 8.
An Act to repeal Chapter I of Title II of Part II, comprising Sections
Failed of passage—Rule XXI, Section 4.
An Act amending Section 37 of Title I of Part I of the Civil Procedure
Failed of passage—Rule XXI, Section 4.
An Act to establish the Guam Farm Finance Administration and for other purposes. An Urgency Measure. February 15—Read first time. To printer. From printer. To Committee. February 21–From Committee on Rules to Committee on Agriculture and Natural Resources. April 23—From Committee on Agriculture and Natural Resources with the recommendation to amend and do pass as amended. April 24—Read second time. Read third time. Urgency clause adopted. Passed.
May 1—Delivered to Secretary of Guam.
May 10—Signed by the Governor. Public Law No. 14. 5—Guerrero, Manuel F. L. February 16, 1951. To Committee on Rules.
An Act relating to the name of the Legislature of Guam and designa-
February 28—Signed by the Governor. Public Law No. 5. 6—Guerrero, Manuel F. L. February 16, 1951. To Committee on Rules.
An Act relating to an enacting clause for laws and resolving clause for
February 28—Signed by the Governor. Public Law No. 1. 7-Guerrero, Manuel F. L. February 16, 1951. To Committee on Rules.
An Act relating to the designation of the Special Session of the Guam
February 28—Signed by the Governor. Public Law No. 2. &Flores, Leon D. February 16, 1951. To Committee on Judiciary.
An Act to repeal Section 69 of Title V of Part I of the Penal Code of Guam relating to the crime of resisting officer.
Failed of passage—Rule XXI, Section 4.
An Act amending Section 81 of Title VI of Part I of the Penal Code of
August 1-Read second time.
August 9—Signed by the Governor. Public Law No. 18.
An Act designating the name of the government of Guam and repeal. ing all laws in conflict therewith. Failed of passage—Rule XXI, Section 4.
11-Guerrero, Manuel F. L., by request. February 21, 1951. To Committee
on Finance and Taxation. An Act to license, regulate and tax coin operated amusement, vending and dispensing machines or devices and for other purposes. Failed of passage-Rule XXI, Section 4.
12—Guerrero, Manuel F. L., by request. February 21, 1951. To Committee
on Judiciary. An Act to amend the Alcoholic Beverage Control Act, permitting the sale of miniature bottles of off-sale licensee and modifying the powers of the Administrator. Substituted by Bill No. 33, Public Law No. 11.
13—Guerrero, Manuel F. L., by request. February 21, 1951. To Committee
on Housing and transportation. An Act relating to taxicabs, amending the Vehicle Code by amending Section 100 thereof, and adding thereto Sections 125, 126, 127 and 128. An Urgency Measure. February 21—Read first time. To printer. From printer. To Committee. August 6–From Committee on Housing and Transportation with the recommendation to amend and do pass as amended. August 7–Read second time. August 8—Read third time. Passed on file. August 9—Recommitted to Committee on Housing and Transportation. August 10From Committee on Housing and Transportation with the recommendation to amend and do pass as amended. Read second and third time. Urgency clause adopted. Passed. August 14-Delivered to Secretary of Guam. August 24Signed by the Governor. Public Law No. 23.
14Guerrero, Manuel F. L., by request. February 21, 1951. To Committee
on Gevernmental Affairs. An Act relating to the establishment of a Civil Defense Agency and other organizations of civil defense within this territory; granting certain executive powers with respect thereto and for related purposes. An Urgency Measure. February 21—Read first time. To printer. From printer. To Committee. August 2–From Committee on Governmental Affairs with the recommendation to amend and do pass as amended. August 3—Read second time. Read third time. Urgency clause adopted. Passed. August 8-Delivered to Secretary of Guam. August 11-Signed by Governor of Guam. Public Law No. 21.
15—Guerrero, Manuel F. L., by request. February 21, 1951. To Committee.
on Education and Labor.