The provisions of the Civil Rules (hereinafter "CVR") shall apply to all civil actions, domestic actions, special proceedings, and other proceedings not including criminal and juvenile, except where they may be inconsistent with rules or provisions of law specifically applicable thereto.

CVR 4.1. Summons and Complaint.

The issuance of a summons and the service of a summons and complaint are governed by Rule (4) of the Guam Rules of Civil Procedure.

CVR 5.1. Service and Filing of Other Documents Subsequent to Complaint.

All documents after the complaint required to be served and filed pursuant to Rule 5 of the Guam Rules of Civil Procedure shall be

(a) served on all parties to the action in accordance with GRCP Rule 5; and

(b) filed with the Court either before service or within a reasonable time after service.

CVR 5.2. Representation of Service.

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 Guam Rules of Civil Procedure to be made 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.

CVR 6.1. Time Computation.

Guam Rule of Civil Procedure 6(a) controls the manner for computing any period of time prescribed or allowed by these Rules.

CVR 7.1. Motion Practice.

(a) Applicability. The provisions of this Rule shall apply to motions, applications, petitions, orders to show cause, and all other proceedings except a trial on the merits and applications for a temporary restraining order, unless otherwise ordered by the Court or provided by statute, the Guam Rules of Civil Procedure or the Local Rules of the Superior Court of Guam.

(b) Service of Motion and Accompanying Papers. Every motion shall be presented in writing. The moving party must present a motion, which will contain the date on which the motion will be heard, as provided for in CVR Rule 7.1(e)(2). The motion papers shall be served on each of the parties in accordance with Guam Rule of Civil Procedure 5(b) and filed with the clerk not later than twenty-one (21) days prior to the day on which oral argument is scheduled, unless the Court orders a shorter time.

(1) a memorandum in support thereof containing the points and authorities upon which the moving party relies, including citations; and

(2) any affidavits or declarations under penalty of perjury sufficient to support any material factual contentions permitted by the Guam Rules of Civil Procedure.

(d) Opposition and Reply.

(1) The opposing party shall, not less than fourteen (14) days preceding the noticed date of oral argument, serve upon all parties and file with the clerk:

(A) a memorandum in support thereof containing the points and authorities upon which the opposing party relies;

(B) if desired, the evidence upon which the opposing party relies;

(C) any affidavits or declarations permitted by the Guam Rules of Civil Procedure.

(2) The moving party may, not more than seven (7) calendar days preceding the noticed date of oral argument, serve and file a reply to the opposing party's opposition.

(e) Oral Argument.

(1) Oral Argument Not Automatic. Oral argument may be denied in the discretion of the judge, except where oral argument is required by statute or the Guam Rules of Civil Procedure.

(2) Request For Oral Argument; Agreement of Oral Argument Date. Counsel for the parties must file an "Agreement of Hearing Date," in a form shown below in Attachment "CVR 7.1A." It shall be the responsibility of the moving party or his attorney to contact the attorney for each party who has entered an appearance, or if the party(ies) are pro se, it is the moving party's responsibility to contact the pro se party and propose a date for oral argument. Once the parties have agreed on a date for oral argument, the moving party shall clear the date with the chambers clerk. When the date has been cleared with the clerk, that date shall be inserted in the "Agreement of Hearing Date." If the parties do not agree on a date for oral argument or if a party has not entered an appearance, the moving party may submit the "Agreement of Hearing Date" to the Court with a notation that the non-moving party does not agree or is not available, in which event the Court shall either determine the hearing date or determine that no oral argument shall be scheduled and the motion shall proceed to briefing and disposition under CVR 7.1(e)(4), in the Court's discretion.

(3) Court's Cancellation of Oral Argument. Any oral argument may be taken off calendar by Order of the Court, in the discretion of the Court, and a decision rendered on the basis of the written materials on file.

(4) Oral Argument Taken Off Calendar by the Court. In cases where the Court cancels oral argument, as referred to in subsection (3) above, the Opposition is due to be served on the opposing party(ies) and filed with the Court fourteen (14) days prior to the originally scheduled date of oral argument, and the reply shall be served and filed seven (7) calendar days prior to the originally scheduled day of oral argument.

(f) Failure to File Required Papers. Papers not timely filed by a party including any memoranda or other papers required to be filed under this Rule shall not be considered without leave of court.

(g) Length of Briefs and Memoranda. Each party may submit briefs or memoranda in support of or in opposition to any pending motion which shall not exceed a total of twenty (20) pages in length without leave of Court to file additional pages. The moving party may submit a reply brief or memoranda not in excess of ten (10) pages without leave of court. All briefs and memoranda in excess of fifteen (15) pages shall contain a table of authorities cited.

(h) Advance Notice of Withdrawal or Non-Opposition; Continuances.

(1) Any moving party who does not intend to press the motion or who intends to withdraw before the hearing date, any opposing party who does not intend to oppose the motion, and any party who intends to move for a continuance of the hearing of a motion shall, not later than five (5) working days preceding the oral argument date, notify opposing counsel and the court clerk in writing.

(2) Absent good cause shown, a deadline fixed by these rules and the "Agreement of Hearing Date" will not be extended.

(i) Motion for Reconsideration. A motion for reconsideration of the decision on any motion may be made only in accordance with the Guam Rules of Civil Procedures.

No motion for reconsideration shall in any manner repeat any oral or written argument made in support of or in opposition to the original motion.

(j) Orders Shortening Time. Applications for orders shortening the time permitted or required by these Civil Rules of Court or the Guam Rules of Civil Procedure for the filing of any paper or pleading or the doing of any act shall be supported by a declaration stating the reasons therefor. When the application is made ex parte, the declaration shall state the reasons why a stipulation could not be obtained or notice could not be given.

(k) Sanctions. The Court need not consider motions, oppositions to motions or briefs or memoranda that do not comply with this Rule. The presentation to the Court of frivolous motions or oppositions to motions or the failure to comply fully with this Rule subjects the offender at the discretion of the Court to the sanctions of General Rule 2.1.

CVR 7.1.1. Ex Parte Applications.

All applications for ex parte orders shall be heard by the judge assigned to the case unless the judge is unavailable. All other applications for ex parte orders shall be filed by 10:00 AM to be heard at 1:30 PM by the judge designated by the presiding judge as the ex parte judge, unless the ex parte judge in his or her discretion decides otherwise. Applications for ex parte orders shall be accompanied by a memorandum containing the name of counsel for the opposing party, if known, the reasons for the seeking of an ex parte order, and points and authorities in support thereof. There shall also be attached, within a separate cover, the proposed ex parte order. The proposed order shall bear the signature of the attorney presenting it preceded by the words, "presented by" on the left side of the last page.

(a) Declaration of Counsel It shall be the duty of the attorney so applying to file a declaration containing the following:

(1) that a good faith effort has been made to advise counsel for all other parties, if known, or the parties themselves, if counsel is not known, of the date, time and substance of the proposed ex parte application or the reasons supporting the claim that notice should not be required, and

(2) the efforts to contact other counsel or the parties and whether any other counsel or party, after such advice, opposes the application or has requested to be present when the application is presented to the court, and if not filed in accordance with this rule, reasons why the ex parte application has not been timely filed.

(b) Waiver of Notice. If the judge to whom the application is made finds that the interests of justice require that the ex parte application be heard without notice, the judge may waive the notice requirement of subpart (a)(1) of this section.

CVR 10.1. Jurisdiction.

Each complaint, petition, counter-claim and cross-claim shall state in a separate paragraph entitled "jurisdiction" the statutory or other basis for jurisdiction and the facts supporting jurisdiction.

CVR 10.2. Format and Filing.

See General Rule 5.1.

CVR 15.1. Amended Pleadings.

Any party filing or moving to file an amended pleading shall reproduce the entire pleading as amended and may not incorporate any part of a prior pleading by reference except with leave of court.

CVR 16.1. Scheduling Order and Discovery Plan.

(a) Applicability. Unless otherwise ordered, this Rule is applicable to all civil cases pending in the Superior Court of Guam except for the cases exempted by CVR 16.1(b). Counsel are expected to meet and confer as required by Rule 26(f) of the Guam Rules of Civil Procedure and CVR 16.2, prior to commencing discovery, unless the Court orders otherwise. Counsel are expected to complete pretrial discovery in the shortest time reasonably possible with the least expense.

(b) Exempt Actions.

(1) The following cases are exempt from compliance with these procedures unless otherwise ordered by the Court:

(A) an action for review on an administrative record;

(B) a petition for habeas corpus or other proceeding to challenge a criminal conviction or sentence;

(C) an action brought without counsel by a person in custody of the United States , a state, territory or a subdivision thereof;

(D) an action to enforce or quash an administrative summons or subpoena;

(E) a proceeding ancillary to proceedings in other courts;

(F) an action to enforce an arbitration award;

(G) a petition for adoption or termination of parental rights;

(H) a proceeding for adult commitment for mental health services;

(I) a petition for annulment;

(J) an action for child support;

(K) an action for collection of money which is uncontested or a default;

(L) an action for divorce uncontested or a default;

(M) a petition for guardian ad litem/settlement for juvenile;

(N) a petition for guardianship of an adult;

(O) a petition for guardianship of a juvenile;

(P) a petition for juvenile (PINS, BC, Drug Court, Delinquency);

(Q) an order to show cause for a name change;

(R) a petition for probate;

(S) an action for a protective order or protective injunction; and

(T) proceedings for writs.

(2) Notwithstanding the exemptions set forth herein, a party may request the court to exempt them from the requirements of this rule under appropriate circumstances or for good cause shown.

(1) Meeting of Parties. All parties are directed to confer in accordance with CVR 16.2 and Rule 26(f) of the Guam Rules of Civil Procedure and provide the Court with a Scheduling Order and separate Discovery Plan within seventy-five (75) days of the date of the filing of the complaint. The Scheduling Order shall be in substantially the same form as Attachment "CVR 16.1A" and the Discovery Plan shall be drafted in accordance with subsection (d) hereof.

(2) Initial Communication of Parties. It is the responsibility of plaintiffs counsel to initiate the communication necessary to prepare the Scheduling Order. In the event that the plaintiff is proceeding pro se, the defendant shall contact the plaintiff and arrange a meeting to comply with this Rule in the appropriate time frame.

(3) Time Limits - Scheduling Notice, Order and Conference and Discovery Plan. The clerk of Court will schedule a Scheduling Conference to be held within ninety (90) days after the complaint is filed. The clerk shall serve, no later than forty (40) days after the complaint has been filed, a Scheduling Notice in the form set forth in Attachment "CVR 16.1 B" setting forth

(A) the date on which the Scheduling Order and Discovery Plan shall be filed by the parties, and

(B) the date for the Scheduling Conference.

It is the responsibility of plaintiffs counsel or the pro se plaintiff to serve a copy of the clerk's Scheduling Notice on all parties who may appear after the clerk's issuance of the Notice of Scheduling Conference.

(4) Contents of Scheduling Order. The Scheduling Order to be submitted by the parties shall contain the following information:

(A) The nature of the case;

(B) The posture of the case including hearings, motions and discovery;

(C) (If the parties agree to the contents of the Discovery Plan as referred to in CVR 16.2 infra): the adoption and incorporation of the attached Discovery Plan as part of theScheduling Order, OR

(D) (If the parties do not agree to the contents of the Discovery Plan referred to in CVR 16.2 infra):

(i) any modifications of the time for disclosures under Rules 26(a) and 26(e)(1) of the Guam Rules of Civil Procedure;

(ii) a description and schedule of all pretrial discovery each party intends to initiate prior to the close of discovery;

(E) The following dates:

(i) a proposed date limiting the joinder of parties and claims;

(ii) a proposed date limiting the filing of motions to amend the pleadings;

(iii) the assigned date for the required Scheduling Conference with the Judge;

(iv) discovery cut-off dates (defined as the last day to file responses to discovery and to complete depositions);

(v) discovery and dispositive motion cut-off dates (the last day to file motions); (vi) pretrial conference dates;

(vii) dates for filing the trial brief, exhibit lists, and witness lists, and

(viii) the trial date, and in no event shall the trial date be later than eighteen (18) months after the complaint is filed, unless the Court otherwise allows;

(F) The prospects for settlement;

(G) Whether the trial is jury or non-jury; (H) The number of trial days required; (I) The names of trial counsel;

(J) Whether the parties desire to submit the case early in the litigation to a settlement conference or engage in alternative dispute resolution;

(K) Suggestions for shortening trial; and

(L) Any other issues affecting the status or management of the case.

(d) Contents of Discovery Plan. The Proposed Discovery Plan shall contain a description, including a schedule, of all pretrial discovery each party intends to initiate prior to the close of discovery, including time and length of discoverable events. The plan shall conform to the obligation to limit discovery under Rule 26(b) of the Guam Rules of Civil Procedure and shall address all matters set forth in Rule 26(f) of the Guam Rules of Civil Procedure.

(e) Non-Appearance of Defendants - Status Report. If on the due date of the Scheduling Order and Discovery Plan, the defendant(s) or respondent(s) have been served and no answer or appearance has been filed, or if service on the defendants has not been effected, counsel for the plaintiff or the pro se plaintiff shall file an independent status report setting forth the above information required in subsections A through L to the extent possible. The report shall also include the current status of the non-appearing parties.

In addition, if service has not been effected, plaintiff's counsel or the pro se plaintiff must set forth the reasons why service has not been effected and what attempts at service have been made.

CVR 16.2. Meeting of Counsel and Preparation of Proposed Scheduling Order and Discovery Plan.

(a) Meeting of Counsel or Pro Se Litigants. Within fifteen (15) days after the receipt of the clerk's Scheduling Notice, but no later than sixty (60) days after the filing of the complaint, counsel of record and all pro se litigants shall meet in person for the purposes set forth below:

(1) Documents. To exchange all documents then reasonably available to a party which are contemplated to be used in support of the allegations of the pleading filed by the party. Documents later shown to be reasonably available to a party and not exchanged may be subject to exclusion at the time of trial.

(2) Discovery. To exchange preliminary schedules of discovery; to arrange for the disclosures required by CVR 26.2 and Rule 26(a) of the Guam Rules of Civil Procedure; and to discuss all items set forth in Rule 26(f) of the Guam Rules of Civil Procedure.

(3) Other Evidence. To exchange any other evidence then reasonably available to a party to obviate the filing of unnecessary discovery motions.

(4) List of Witnesses. To exchange a list of witnesses then known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. The parties will then be under a continuing obligation to advise the opposing party of other witnesses as they may become known.

(5) Settlement. To discuss settlement of the action.

(6) Complicated Cases. To discuss whether the action is sufficiently complicated so that special procedures need to be adopted to facilitate the management of this action.

(7) Proposed Scheduling Order. To discuss the contents and preparation of the Proposed Scheduling Order.

(8) Proposed Discovery Plan. To discuss the contents and preparation of the Proposed Discovery Plan.

(b) Preparation of the Proposed Scheduling Order. After the meeting of counsel referred to in CVR 16.2(a) above, plaintiffs counsel, or if plaintiff is pro se, the plaintiff, shall prepare a draft of the proposed Scheduling Order required by this Rule. Plaintiffs draft shall be presented to all parties for amendments and modifications. If all parties do not agree on a proposed Scheduling Order, the parties shall sign and file, on the date that the Scheduling Order is due, a mutual statement re: Disagreement of Scheduling Order, stating that the parties have been unable to agree despite good faith efforts to do so. To this statement shall be attached each party's Proposed Scheduling Order. If a party disagrees but does not attach a Proposed Scheduling Order, that party will be considered to have not taken a position with respect to the dates and matters contained therein.

(c) Preparation of the Proposed Discovery Plan. After the meeting of counsel referred to in CVR 16.2(a) above, the attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for submitting to the Court a Proposed Discovery Plan required by this Rule. Areas of disagreement with respect to discovery shall be included and denoted as such in the Discovery Plan.

(d) Scheduling Conference and Order. All matters required to be taken care of by the Scheduling Order and Discovery Plan will be addressed at the Scheduling Conference, after which the final Scheduling Order will be entered.

CVR 16.3. Failure to Cooperate - Sanctions.

The failure of a party or a party's counsel to participate in good faith in the framing of the proposed Scheduling Order and Discovery Plan required by this Rule, and Rules 16(b) and 26(f) of the Guam Rules of Civil Procedure may result in the imposition of appropriate sanctions. See GR 2.1 and Rules 16(f) and 37(g), Guam Rules of Civil Procedure.

CVR 16.4. Filing of Motions Does Not Excuse Counsel from the Requirements of this Rule.

Absent an order of the court to the contrary, the filing of a motion, including a discovery motion, motion for summary judgment, or a motion to dismiss, will not excuse the parties from complying with this Rule and any Scheduling Order entered in the case.

CVR 16.5. Extension of Deadlines Fixed in Scheduling Order.

(a) The chamber clerk for the assigned judge shall grant an oral request for a single extension of time of one deadline fixed in the scheduling order of no more than 14 days provided that such extension shall not apply to pre-trial conference or trial dates. Such extensions may be applied for and granted by telephone. The grant of the extension shall be entered on the court docket and if a new Scheduling Order is necessary to reflect an extension of a deadline other than that requested, the judge shall issue a new Scheduling Order. Application for such extension shall be conditioned upon prior notice to the opposing party. The grant of the extension of time under this rule will bar any further motion to extend a deadline established by a Scheduling Order unless such a motion, which must be in writing, demonstrates extraordinary and compelling circumstances.

(b) Except as otherwise provided by subsection (a) of this rule, a deadline established by a Scheduling Order may be extended only upon a good cause finding by the Court. In the absence of disabling circumstances, the deadline for completion of all discovery will not be extended unless there has been active discovery. Delayed discovery will not justify an extension of discovery deadlines. A motion to extend the deadline in a Scheduling Order must demonstrate a specific need for the requested extension, and should be accompanied by a detailed proposed amendment to the previously entered Scheduling Order. The date for completion of discovery will be extended only if the remaining discovery is specifically described and scheduled, e.g., the names of each remaining deponent and the date, time and place of each remaining deposition. The Court, in its discretion, may order that the client consent in writing to any continuance proposed by counsel.

[Committee note: Subpart (a) patterned after Ninth Circuit Rule 31-2].

CVR 16.6. Settlement Conference.

(a) At any time after an action or proceeding has been filed, any party may file a request for a settlement conference. Such conference may be held before the assigned judge or another judge. If the conference is held before the judge trying the case, a written stipulation of all counsel shall be necessary prior to the settlement conference and the assigned judge must agree to conduct the settlement conference. Each party attending such a conference shall be represented by counsel authorized to participate in settlement negotiations. The Court may require, by Order issued prior to the settlement conference, the client or its authorized representative to personally attend the conference. Unless otherwise ordered by the court, the filing of a request for settlement conference shall not extend or suspend the dates set in the scheduling order.

(b) Each party appearing at all conferences shall have full authority with respect to all matters on the agenda, including settlement of the action or proceeding.

(c) When the party files its request for settlement conference, if the assigned judge declines then the presiding judge shall assign another judge to conduct the settlement conference. Settlement judges shall be assigned on a rotating basis.

CVR 26.1. Discovery Documents - Nonfiling and Disclosure.

(a) Nonfiling of Discovery Documents and Proof of Service. The following discovery documents and proofs of service thereof shall not be filed with the clerk until there is a proceeding in which the document or proof of service is in issue:

(1) Transcripts of depositions upon oral examination;

(2) Transcripts of depositions upon written questions;

(3) Interrogatories;

(4) Answers or objections to interrogatories;

(5) Requests for the production of documents or to inspect tangible things;

(6) Responses or objections to requests for the production of documents or to inspect tangible things;

(7) Requests for admission;

(8) Responses or objections to requests for admission; and

(9) Disclosures made under GRCP 26 and CVR 26.2.

When required in a proceeding, only that part of the document which is in issue shall be filed. All such discovery documents shall be held by the attorney pending use pursuant to this Rule for the period specified in Civil Rule 79.1 for the retention of exhibits, unless otherwise ordered by the Court.

(b) Discovery Documents - Disclosure. During the pendency of any civil proceeding, any person may, after written notice is served on all parties to the action, obtain a copy of any deposition or discovery document not on file with the Court upon payment of the expense of the copy and upon

(1) approval by the clerk, if no objection is filed with the clerk by any party to the action within five (5) days after service of such written notice, or

(2) leave of Court, if an objection is filed with the clerk by any party to the action within five (5) days after service of such written notice.

CVR 26.2. Required Disclosure.

The general provisions governed by discovery and the duty of disclosure are set forth in GRCP 26.

(a) A lawyer shall not use any form of discovery, or the scheduling of discovery, as a means of unduly harassing opposing counsel or his or her client.

(b) Requests for production shall not be excessive or designed solely to place a burden on the opposing party.

(c) Lawyers shall, when practical, consult with opposing counsel before scheduling hearings and depositions, in a good faith attempt to avoid scheduling conflicts.

(d) When scheduling hearings and depositions, lawyers shall communicate with opposing counsel in an attempt to schedule them at a mutually agreeable time.

If a request is made to schedule a hearing or deposition, the lawyer to whom the request is made shall confirm that the time is available or advise of a conflict within a reasonable time and suggest an alternate time for the hearing or deposition

CVR 30.1. Depositions.

The original transcript of a deposition shall, unless otherwise stipulated to on the record at the deposition, after signing and correction, or waiver of the same, be sent to the attorney noticing the deposition.

CVR 33.1. Interrogatories and Requests for Admission.

(a) Limitation on Number of Interrogatories and Requests for Admission. No party shall serve more than one set of interrogatories or requests for admission on any other party without leave of court. Interrogatories or requests for admission shall not exceed fifty (50) in number, counting any subparts or subquestions as individual questions. Subparts or subquestions of any interrogatory shall relate directly to the subject matter of the interrogatory. Any party desiring to serve additional interrogatories shall submit to the Court a written memorandum setting forth the proposed additional interrogatories or requests for admission and the reasons establishing good cause for their use.

(b) Answers and Objections to Interrogatories and Requests for Admission. The party answering or objecting to interrogatories or requests for admission shall quote each interrogatory or request in full immediately preceding the statement of any answer or objection thereto. Upon request the propounding party shall make reasonable efforts to provide the party answering or objecting to interrogatories or requests for admission with the text of each interrogatory or request in electronic format.

(c) Interrogatories, Requests for Admission and Requests for Production of Documents - Original. The original of the interrogatories, requests for admission or requests for the production of documents or to inspect tangible things served on the opposing party shall be held by the attorney propounding the interrogatories or requests pending use. (See CVR 26.1(a).)

CVR 36.1. Requests for Admission

See. CVR 33.1.

CVR 37.1. Discovery Motions.

(a) Prior to the filing of any motion relating to a discovery dispute, counsel for the parties shall meet or attempt to meet in a good faith effort to eliminate the necessity for hearing the motion or to eliminate as many of the disputes as possible. It shall be the responsibility of counsel for the moving party to arrange for the conference which shall be held within a reasonable time.

(b) If counsel are unable to settle their differences, they shall formulate a written stipulation specifying separately and with particularity each issue that remains to be determined at the hearing.

By way of example only, if the sufficiency of an answer to an interrogatory is in issue, the stipulation shall contain verbatim, both the interrogatory and the allegedly insufficient answer, followed by each party's contentions, separately stated. The stipulation shall be served and filed with the notice of motion. In the absence of such stipulation, or a declaration of counsel of noncooperation by the opposing party, the Court will not consider any discovery motion unless otherwise ordered upon good cause shown.

(d) If the discovery disputes are found to be frivolous or based on counsel's failure to cooperate with each other in good faith, sanctions will be imposed at the discretion of the Court.

CVR 41.1. Call of the Docket - Status Hearings.

Status hearings shall be scheduled by the clerk in all cases pending with no action taken in the preceding six (6) months. Notice shall be given in writing to each attorney of record in every case to be called, stating the date and time for such hearing. If good and sufficient reasons are not presented by counsel for failure to have taken appropriate action in any such case, the Court may dismiss the action or enter such other order as may be proper.

CVR 51.1. Proposed Jury Instructions, Voir Dire Questions and Verdict Forms.

In jury cases, the parties shall not less than fourteen (14) calendar days prior to the date on which the trial is scheduled to commence, serve and lodge proposed voir dire questions, if desired, and proposed jury instructions and verdict forms.

CVR 52.1. Proposed Findings of Fact and Conclusions of Law.

In non-jury cases, if ordered by the Court, the parties shall not less than fourteen (14) calendar days prior to the date on which the trial is scheduled to commence, serve and lodge proposed findings of fact and conclusions of law.

CVR 54.1. Taxation of Costs.

(a) Application to the Clerk. Within thirty (30) days after the entry of a judgment allowing costs the prevailing party shall serve on the attorney for the adverse party and file with the clerk an application for the taxation of costs. The application shall be on a Bill of Costs form which shall be furnished by the Clerk of Court upon request. If an application for costs is received which is not on the appropriate form, the clerk shall promptly notify the party seeking costs, shall forward the correct form, and shall extend the time for filing the amended claim for a period not to exceed ten (10) days. The application shall contain an itemized schedule of the costs in a sworn statement signed by the attorney for the applicant that the schedule is correct, that the costs were necessarily incurred in the case, and that the services for which fees have been charged were actually and necessarily performed. The application shall be heard by the Clerk not less than eleven (11) nor more than sixteen (16) days after it is served, and written notice of the time of hearing shall be given to all parties by the Clerk of Court.

A failure to comply with this Rule waives the right to recover all costs, other than the clerk's costs, which may be inserted in the judgment without application. At the option of the Clerk, the hearing may be held by telephone conference call.

(b) Items Taxable As Costs.

(1) Filing fees. The clerk's filing fees.

(2) Fees for Service of Process. Fees for service of process (whether served by the Marshal or other persons authorized by Rule 4, Guam Rules of Civil Procedure.)

(3) Marshal's Fees - Other fees and charges paid to the Marshal pursuant to Guam law.

(4) Reporter's Transcripts. The cost of the original and one copy of all or any part of a trial transcript, daily transcript or a transcript of matters occurring before or after trial, if requested by the Court or prepared pursuant to stipulation.

(5) Depositions. Costs incurred in connection with taking depositions, including:

(A) the cost of the original and one copy of all depositions (including video taped depositions) necessarily obtained for use in the case;

(B) if both video and stenographic depositions are taken, they both shall be allowed as costs if the video deposition is used at trial. If only the stenographic version is used at trial, the video shall not be allowed as a cost. If neither is used at trial, the cost of the less expensive deposition will be allowed so long as the deposition would have been recoverable. The cost of ASCII disks is recoverable.

(C) the reasonable fees of the deposition reporter, the notary, and any other persons required to report or transcribe depositions which were necessarily obtained for use in the case;

(D) reasonable witness fees paid to a deponent, including fees actually paid to an expert witness deponent pursuant to Rule 26(b)(4)(C), Guam Rules of Civil Procedure.

(E) reasonable fees paid to an interpreter when necessary to the taking of the deposition; and

(F) the cost of copying or reproducing exhibits used at the deposition and made a part of the deposition transcript.

(6) Witness Fees. Fees paid to witnesses, including:

(A) per diem, mileage, subsistence and attendance fees paid to witnesses subpoenaed and/or actually attending the proceeding;

(B) witness fees for a party if required to attend by opposing party; and

(C) witness fees for officers and employees of a corporation if they are not parties in their individual capacities.

(7) Interpreter's and Translator's Fees. Fees paid to interpreters and translators, including:

(A) The salaries, fees, expenses and costs of an interpreter; and,

(B) Fees for translation of documents received in evidence, used as part of the proceeding or when otherwise reasonably necessary to the preparation of the case.

(8) Docket Fees - The cost of generating a copy of the docket sheet or clerk's record.

(9) Masters, Commissioners, and Receivers. The reasonable fees and expenses of masters, commissioners, and receivers.

(10) Certification, Exemplification and Reproduction of Documents. Document preparation costs for documents necessarily obtained for use in the case, including:

(A) the cost of copies of an exhibit attached to a document necessarily served and filed;

(B) the cost of copies of documents admitted into evidence when the original is not available or the copy is substituted for the original at the request of an opposing party;

(C) fees for an official certification of proof respecting the non-existence of a document or record;

(D) notary fees incurred in notarizing a document when the cost of the document is taxable; and

(E) fees for necessary copies and necessary certification or exemplification of any documents.

(11) Premiums on Undertakings and Bonds. Premiums paid on undertakings, bonds, security stipulations, or substitutes therefor where required by law, court order, or where necessary to enable a party to secure a right granted in the proceeding.

(12) Other Costs. Upon order of the Court, the following items may be taxed as costs:

(A) summaries, computations, polls, surveys, statistical comparisons, maps, charts, diagrams and other visual aids reasonably necessary to assist the jury or the Court in understanding the issues at the trial;

(B) photographs, if admitted in evidence or attached to documents necessarily served upon the opposing party and filed; and

(C) the cost of models if ordered by the Court in advance of or during trial.

(13) Costs on Appeal. Costs on appeal taxable in the Superior Court shall be governed by GRAP 22(e). Such costs bill is to be filed within fifteen (15) days of the filing and spreading of the mandate of the Supreme Court of Guam.

(14) Items of costs not specifically mentioned in this rule shall be taxed by the Clerk in accordance with the laws of Guam .

(c) Objections to Bill of Costs - Response. Any party may file and serve written objections to any item specified in a Bill of Costs. The grounds for objections shall be specifically stated. The objections shall be served and filed no later than five (5) days before the date noticed for the hearing. A written response may be served and filed no later than three (3) days before the date noticed for the hearing.

(d) Clerk's Determination - Finality. After considering any objections to the Bill of Costs and any responses thereto, the Clerk shall tax costs to be included in the judgment. The Clerk's determination shall be final unless modified by the Court upon review pursuant to subsection (e) hereof.

(e) Review of Clerk's Determination. A dissatisfied party may appeal to this Court upon written motion served within five (5) days of the Clerk's decision, as provided in GRCP Rule 54(d). The motion shall specify all objections to the Clerk's decision and the reasons for the objections. Appeals shall be heard upon the same papers and evidence submitted to the Clerk.

(f) Clerk's Duty. As soon as practicable after the taxation of costs becomes final, the Clerk shall insert the amount of costs taxed into the blank left in the taxation of costs form and the judgment, and shall enter a similar notation on the docket sheet.

(g) Writ of Execution for Costs. The clerk shall, upon request, issue a writ of execution to recover costs or attorney's fees included in the judgment:

(1) Upon presentation of a certified copy of the final judgment in the Superior Court; or

(2) Upon presentation of a mandate of the Supreme Court of Guam to recover costs taxed by the Supreme Court.

CVR 54.2. Sanctions for Late Notification of Settlement, Postponement or Other Disposition of Civil Jury Trial.

Whenever any civil action scheduled for jury trial is required to be postponed, or settled or otherwise disposed of in advance of the actual trial, then, except for good cause shown, all juror costs shall be assessed equally against the parties and their counsel or otherwise assessed as directed by the Court, unless the Court and the Clerk's Office are notified at least one full business day prior to the day on which the action is scheduled for trial.

CVR 54.3. Filing Date for Attorney's Fees.

Any motion or application for attorney's fees shall be served and filed within fourteen (14) days after the entry of judgment or other final order, unless otherwise ordered by the Court. Such motions and their disposition shall be governed by CVR 7.1 and Rule 54(d)(2) of the Guam Rules of Civil Procedure.

CVR 58.1. Judgments.

(a) Judgment. The Judgment shall be set forth on a separate document as required by Rule 58, Guam Rules of Civil Procedure. The Judgment shall follow, as nearly as possible, Guam Rules of Civil Procedure Official Forms No. 31 or No. 32.

(b) Entry of Judgments and Orders.

(1) In all cases, the notations of judgments and orders in the civil docket by the clerk will be made at the earliest practicable time. The notations of judgment will not be delayed pending taxation of costs, but 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.

(3) No judgment or order, except orders granted by the Clerk under Civil Rule 77.1 and judgments which the Clerk is authorized by the Guam 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 is given to the clerk in open court and noted in the minutes, it should be evidenced by the judge's signature or initials on the judgment or order.

(4) Every order and judgment shall be filed in the Clerk's Office.

CVR 65.1. Temporary Restraining Orders and Preliminary Injunctions.

(a) Application for Temporary Restraining Order or Preliminary Injunction. An application for a temporary restraining order or preliminary injunction shall be made in a document separate from the complaint.

(b) Preliminary Injunctions. When a temporary restraining order ("TRO") is not sought, an application for a preliminary injunction shall be made by motion and not by order to show cause. When a TRO is sought, application for a preliminary injunction shall be made by order to show cause. If the TRO is granted, the hearing on the order to show cause will be set within ten (10) days after the entry of the TRO unless otherwise agreed by the parties. If the TRO is denied, the Court may set the hearing on the order to show cause re: preliminary injunction without regard to the requirements of CVR 7.1.

CVR 65.1.1. Bonds and Sureties.

(a) Security for Costs. On its own motion or a party's motion, the Court may order any party to file a bond for costs in an amount and under conditions designated by the Court. After the bond is filed, any opposing party may raise objections to its form or to the sufficiency of the surety for determination by the Clerk. If the bond is found to be insufficient, the Court may order the filing of a sufficient bond within a specified time. If the order is not complied with, the Clerk may enter dismissal of the action as in the case of dismissal for want of prosecution.

(b) Qualifications of Surety. Every bond for costs under these Rules must have as surety either

(1) a cash deposit, certified check or bank check equal to the amount of the bond or

(2) a corporation authorized by the Secretary of the Treasury of the United States to act as surety on official bonds under Title 31 U.S.C. §§ 9301-9309, or

(3) two individual residents of Guam, each of whom owns real or personal property within Guam sufficient in value above encumbrances to justify the full amount of the suretyship, or

(4) any insurance, surety or bonding company licensed to do business in Guam .

(c) Court Officers as Surety. No clerk, marshal or other employee of the Court, nor any member of the bar representing a party in the particular action or proceeding, will be accepted as surety on any bond or other undertaking in any action or proceeding in this Court. Cash deposits on bonds may be made by members of the bar on certification that the funds are the property of a specified person who has signed as surety on the bond. Upon exoneration of the bond, such monies shall be returned to the owner and not to the attorney, unless the Court orders otherwise.

(d) Suits by Indigent Persons. At the time an application is made, for leave to commence any civil proceeding without being required to prepay fees and costs or give security for them, the applicant shall file a written consent that the recovery, if any, in the proceeding, to the amount as the Court may direct, shall be paid to the clerk who may pay therefrom all unpaid fees and costs taxed against the plaintiff and, to plaintiffs attorney, the amount which the Court allows or approves as compensation for the attorney's services.

(e) Deposit of Money or United States Obligations in Lieu of Surety. In lieu of surety in any civil case, there may be deposited with the clerk of the Court lawful money or negotiable bonds or notes of the United States or certificates of deposit from federally-insured financial institutions. The depositor shall execute a suitable bond, and, if negotiable bonds or notes of the United States or certificates of deposit from federally-insured financial institutions are deposited, shall also execute the agreement required by 31 U.S.C. § 9303 or any other required agreement, authorizing the clerk to collect or sell the bonds, notes, or certificates of deposit in the event of default.

(f) Examination of Sureties. Any party may apply for an order requiring any opposing party to show cause why it should not be required to furnish further or different security, or requiring personal sureties to justify.

CVR 66.1. Receivers.

(a) Appointment of Receivers. Application for the appointment of a receiver may be made after the complaint has been filed and the summons issued.

(1) Temporary Receivers. A temporary receiver may be appointed without notice to the party sought to be subjected to a receivership in accordance with the requirements and limitations of the Guam Rules of Civil Procedure.

(2) Permanent Receivers. A permanent receiver may be appointed after notice and hearing upon an order to show cause. This order shall be issued by a judge upon appointment of a temporary receiver or upon application of the plaintiff and shall be served on all parties. The defendant shall provide the temporary receiver (or, if there is no temporary receiver, the plaintiff) within five (5) days, with a list of the defendant's creditors, and their addresses. Not less than five (5) days before the hearing, the temporary receiver (or, if none, the plaintiff) shall mail to the creditors listed, a notice of hearing, and file a proof of mailing.

(3) Bond. A judge may require any receiver appointed to furnish a bond in an amount which the judge deems reasonable.

(b) Employment of Experts. The receiver shall not employ an attorney, accountant or investigator without an order of a judge. The compensation of all such employees shall be fixed by the judge.

(c) Application for Fees. All applications for fees for services rendered in connection with a receivership shall be made by petition setting forth in reasonable detail the nature of the services and shall be heard in open court.

(d) Deposit of Funds. A receiver shall deposit all funds received in a depository designated by the judge, entitling the account with the name and number of the action. At the end of each month, the receiver shall deliver to the clerk a statement of account and the canceled checks.

(e) Reports. Within thirty (30) days of appointment, a permanent receiver shall file with the Court a verified report and petition for instructions. The petition shall be heard on ten (10) days notice to all known creditors and parties. The report shall contain a summary of the operations of the receiver, an inventory of the assets and their appraised value, a schedule of all receipts and disbursements, and a list of all creditors, their addresses and the amounts of their claims. The petition shall contain the receiver's recommendation as to the continuance of the receivership and reason for the recommendations. At the hearing, the judge shall determine whether the receivership shall be continued and, if so, the judge shall fix the time for future reports of the receiver.

(f) Notice of Hearings. The receiver shall give all interested parties at least ten (10) days notice of the time and place of hearings concerning:

(1) Petitions for the payment of dividends to creditors;

(2) Petitions for confirmation of sales of property;

(3) Reports of the receiver;

(4) Applications for fees of the receiver or of any attorney, accountant or investigator, the notice to state the services performed and the fee requested; and,

(5) Applications for discharge of the receiver.

CVR 67.1. Deposit in Court.

See General Rule 8.1.

CVR 77.1. Orders Grantable by Clerk.

The Clerk of Court is authorized to grant, sign, and enter the following orders without further direction by the Court. Any orders so entered may be suspended, altered, or rescinded by the Court for cause shown:

(a) Orders on consent satisfying a judgment or an order for the payment of money;

(b) Orders entering judgments on verdicts or decisions of the Court in circumstances authorized in Rule 58, Guam Rules of Civil Procedure, and orders entering defaults for failure to plead or otherwise defend, in accordance with Rule 55, Guam Rules of Civil Procedure;

(c) Any other orders which pursuant to Rule 77(c) of the Guam Rules of Civil Procedure, do not require allowance or order of the Court.

CVR 77.2. Clerk of Court.

See General Rule 7.1.

CVR 79.1. Custody and Disposition of Exhibits and Transcripts.

(a) Custody. Every exhibit offered in evidence, including depositions and transcripts, shall be held in the custody of the clerk of this Court. Unless reason exists for retaining originals, the judge will, upon application, order them returned to the party to whom they belong upon the filing of copies thereof approved by counsel for all parties concerned.

(b) Delivery to Person Entitled in Civil Cases. In all civil cases in which final judgment has been entered and the time has expired for filing a motion for new trial, a motion for rehearing or a notice of appeal, any party or person may withdraw any exhibit, deposition, or transcript of testimony originally produced by him, without court order, upon ten (10) days written notice to all parties, unless within that time another party or person files notice of claim thereto with the clerk. In the event of competing claims, the Court shall determine the person entitled and order delivery accordingly. For good cause shown, the Court may allow withdrawal or determine competing claims in advance of the time above specified.

(c) Unclaimed Exhibits in Civil Cases. If exhibits, depositions or transcripts of testimony in civil cases are not withdrawn within twenty (20) days after the time when notice may first be given under subdivision (b) of this Rule, the clerk shall give notice to the parties to claim the same. If the parties do not withdraw such exhibits, depositions and transcripts of testimony within forty (40) days after notice by the clerk to claim the same, the clerk may destroy them in accordance with Title 6 GCA § 4307 or make other disposition as he sees fit.

Emergency Telephone Numbers. When counsel urgently need action or assistance and cannot wait for normal business hours, counsel may contact the Clerk of Court at 635-0964.

AGREEMENT OF HEARING DATE

Pursuant to CVR 7.1, the parties hereby acknowledge the following:

1. I, _____________, am the attorney for the __________ in this matter. I contacted the attorney(s) for the opposing party(ies) in this action, or if the opposing party(ies) is/are pro se, I contacted the pro se party(ies), to agree upon a date for oral argument of my Motion

2. The attorney(s) for the opposing party(ies) [or the pro se parties] is/are:

3. We agreed upon the following date:

4. I called the Chamber Clerk to ensure that the Court is available on the above date. OR

I request oral argument and the party(ies) opposing the motion will not agree to an oral argument date.

SCHEDULING ORDER

Pursuant to Rules 16 and 26(f) of the Guam Rules of Civil Procedure, and Superior Court of Guam Civil Rule 16.1, the parties hereby submit the following Scheduling Order:

1. The nature of the case is as follows:

2. The posture of the case is as follows:

a) The following motions are on file:

b) The following motions have been resolved:

c) The following discovery has been initiated:

3. Status of Discovery:

The Discovery Plan attached hereto is adopted and incorporated as part of this Scheduling Order; or

a) The times for disclosures under Rules 26(a) and 26(e) of the Guam Rules of Civil Procedure are modified as follows:

b) The following is a description and schedule of all pretrial discovery each party intends to initiate prior to the close of discovery:

Plaintiff:

Defendant:

4. All parties will be joined by:

5. Motions to amend pleadings will be filed by:

6. The parties shall appear before the court on ____ at __. m. for the Scheduling Conference.

7. The discovery cut-off date (defined as the last day to file responses to discovery) is:

8. a) The anticipated discovery motions are:

All discovery motions shall be filed on or before ________ and heard on or before ________.

b) The anticipated dispositive motions are:

All dispositive motions shall be filed on or before _______ and heard on or before ___________.

9. The prospects for settlement are:

10. The Pretrial Conference shall be held on the ____ day of _____, at ___.m.

11. The parties' pretrial materials, discovery material, witness lists, designations and exhibit lists shall be filed on or before ____________ .

14. The trial shall be held on the ____ day of ____ , at ___ _.m.

15. The trial is / is not a jury trial.

16. It is anticipated that it will take days to try this case.

17. The names of counsel on this case are:

18. The parties do/do not wish to submit this case to a settlement conference.

19. The parties present the following suggestions for shortening trial:

20. The following issues will also affect the status or management of the case:

SCHEDULING NOTICE

(The Civil Rules establish procedures for complying with Rules 16(b) and 26(f) of the Guam Rules of Civil Procedure. Counsel should study the Civil Rules before attempting to process cases in this Court.)

Pursuant to CVR 16.1 and 16.2, it is hereby ORDERED that:

1. Counsel of record and all pro se litigants that have appeared in the case must meet and confer, within fifteen (15) days after receipt of this Notice, but no later than sixty (60) days after the filing of the complaint, prior to commencing discovery.

2. A proposed Scheduling Order and a proposed Discovery Plan shall be filed on or before the ___ day of ____ , 2008. Careful and immediate attention should be given to the directions in CVR 16.1 and 16.2 to ensure complete and timely compliance with Guam Rules 16(b) and 26(f), and the Local Rules.

3. Plaintiffs' counsel, or if the plaintiff is pro se, then the pro se plaintiff, must take the lead in the preparation of the Scheduling Order. If a defendant is not contacted by a pro se plaintiff within the required time frame, the defendant's counsel shall contact the pro se plaintiff and arrange a meeting to comply with this Rule in the appropriate time frame. The failure of a party or its counsel to participate in good faith in the framing of a Scheduling Order may result in the imposition of sanctions.

4. Counsel of record and all pro se litigants that have appeared in the case are jointly responsible for submitting a Proposed Discovery Plan to the Court.

5. A Scheduling Conference shall be held on the ___ day of __, 2008, at _______ __.m.

6. Counsel are reminded that the filing of motions does not postpone discovery.

RICHARD B. MARTINEZ Clerk of Court

ATTACHMENT "CVR 54.1"

BILL OF COSTS

Judgment having been entered in the above-entitled action on _______, 2008 against _______ , the Clerk of the Superior Court of Guam is requested to tax the following as costs:

BILL OF COSTS

FILING FEES		$ _________
Complaint	$ _________
Summons	$ _________
Subpoena	$ _________
Other Clerk's fees	$ _________

MARSHALL'S FEES		$ _________
Service of Summons/Sub	$ _________
Mileage	$ _________
Other Marshal's costs	$ _________
COURT TRANSCRIBER FEES		$ _________
Other Transcriber Fees	$ _________
WITNESS FEES		$ _________
Other witness fees	$ _________
INTERPRETER'S FEES		$ _________
Other Interpreter Fees	$ _________
ATTORNEY'S APPEARANCE FEE:		$ _________
OTHER COSTS (Please itemize):		$ _________
TOTAL COSTS TO BE TAXED:		$ _________

DECLARATION

I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which have been charged were actually and necessarily performed. A copy of this Bill of Costs was served on ________ on _____ , at ____, _ m.

Executed this day of ____, 2008

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