Guam Motion to Dismiss or Transfer — Civil Trial: A Comprehensive Overview In the realm of civil trials in Guam, the Motion to Dismiss or Transfer plays a crucial role in the legal process. This motion allows parties involved in a civil lawsuit to request the dismissal or transfer of the case to a different jurisdiction, based on various legal grounds. Understanding the different types and requirements of this motion is essential for both plaintiffs and defendants alike. 1. Motion to Dismiss: The Motion to Dismiss in Guam is centered around requesting the termination of a civil trial due to specific legal reasons. Some common grounds for filing this motion are: a. Lack of Personal Jurisdiction: This type of Motion to Dismiss asserts that the court does not possess the authority to make decisions on the case involving the defendant due to insufficient ties or connections with Guam. b. Improper Venue: If the lawsuit has been filed in a district or judicial division that is considered inappropriate, a Motion to Dismiss may be filed to request the case's dismissal or transfer to the correct jurisdiction. c. Failure to State a Claim: This motion argues that even if the plaintiff's allegations are considered true, they fail to establish a legally valid cause of action against the defendant. d. Statute of Limitations: A Motion to Dismiss based on the statute of limitations claims that the plaintiff filed the lawsuit after the specified timeframe allowed by law, which bars them from pursuing the case further. 2. Motion to Transfer: Similar to the Motion to Dismiss, the Motion to Transfer in Guam seeks the shift of a civil trial to a different jurisdiction. This is typically requested when the current jurisdiction lacks convenience or fairness for one or both parties involved. Major grounds for filing this motion include: a. Forum Non-Convenient: This motion argues that Guam is an inconvenient location for the trial, such as when most witnesses and evidence are located elsewhere. The court may then decide to transfer the case to an alternate jurisdiction that prima facie appears more suitable for all parties involved. b. Change of Venue: A Motion to Transfer based on a change of venue is filed when it is believed that moving the trial to a different jurisdiction would provide a fairer and more impartial trial to the parties involved due to factors such as excessive publicity or bias. In conclusion, the Motion to Dismiss or Transfer in Guam's civil trials comprises various types based on different legal grounds. Parties use these motions strategically to seek dismissals or transfers to ensure their legal rights and convenience are upheld during the course of litigation. Understanding the specific requirements and procedures for filing these motions is crucial for successful advocacy in Guam's civil court system.
Guam Motion to Dismiss or Transfer - Civil Trial
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The laws in the Guam Code are passed by the Legislature of Guam, which was created by the Organic Act of Guam in 1950. The Legislature of Guam contains 15 members, who serve two-year terms and are not subject to any term limits. A proposed law is known as a bill.
Additionally, you will need to present a current and valid photo identification card, or attach a clear copy of a current and valid photo identification card to your email request. Requests received via email may take three to five business days to complete. The court fee for the Certificate of Search is $20.00.
The Guam Code Annotated (GCA) establish the permanent laws of Guam relating to and in force in Guam.
Motion to Dismiss. This motion asks the court to dismiss the suit because the suit doesn't have a legally sound basis, even if all the facts alleged are proven true.
In Guam, the judiciary has two general levels. The Territorial Superior Court is the trial court of general jurisdiction. The Supreme Court of Guam is the highest court.
Guam is an unincorporated territory of the United States. Most but not all federal laws apply to Guam. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code.
The Compiler of Laws is responsible for officially publishing the Session Laws of the Guam Legislature, the Guam Code Annotated and updates thereto, the Guam Administrative Rules and Regulations, Supreme Court of Guam Opinions, Executive Orders and Attorney General Opinions.
Guam became a U.S. territory in 1898 and placed under the jurisdiction of the U.S. Navy. The Guam Organic Act of 1950 conferred U.S. citizenship on Guamanians and established the territory's government. The Act also transferred Federal jurisdiction over Guam from the U.S. Navy to the Department of the Interior.