of real or personal property or to determine conflicting claims thereto, a person, not a party to the action but having an interest in the subject thereof, makes application to the court to be made a party, it may order him to be brought in, by the proper amendment. [Enacted 1953.] [EDITOR'S NOTE: See FRCP 15 re permissible amendments to pleadings.] TITLE IV Place of Trial of Civil Actions § 393. Holding court on real property in dispute. § 393. Holding court on real property in dispute. In actions where the boundaries of real property are in dispute, the court may adjourn the court in Agana and hold court in its discretion on the premises involved, for short periods of time when the interests of justice require a view of the premises. [Enacted 1953.] § 410. § 411. § 412. § 413. Who may serve summons; certificate of service of summons. Cases in which service of summons may be by publication. § 414. Proceedings where there are several defendants, and part only are served. § 415. Proof of service, how made. § 416. When jurisdiction of action is acquired. § 405. Actions, how commenced. Civil actions in the courts of the Territory of Guam are commenced by filing a complaint. [Enacted 1953.] § 406. Endorsement of complaint. The clerk of the court must endorse on the complaint the day, month, and year that it is filed, and at any time within one (1) year thereafter the plaintiff may have a summons issued, and if the action be brought against two or more defendants, for each at the same time. But at any time within the year after the complaint is filed, the defendant may, in writing, or by appearing and answering or demurring, waive the issuing of summons; or, if the action be brought upon a joint contract of two or more defendants, and one of them has appeared within the year, the other or others may be served or appear after the year at any time before trial. [Enacted 1953.] § 407. Summons must contain. The summons must be directed to the defendant, signed by the clerk, and issued under the seal of the court, and must contain: 1. The names of the parties to the action, the court in which it is brought; 2. A direction that the defendant appear and answer the complaint within twenty (20) days; 3. A notice that unless the defendant so appears and answers, the plaintiff will take judgment for any money or damages demanded in the complaint as arising upon contract, or will apply to the court for any other relief demanded in the complaint. [Enacted 1953.] § 408. Alias summons. If the summons is returned without being served on any or all of the defendants, or if it has been lost, the clerk, upon the demand of the plaintiff, may issue an alias summons in the same form as the original, and within such time as the original might have been served if it had not been lost or returned. [Enacted 1953.] § 409. Notice of lis pendens. In an action affecting the title or the right of possession of real property, the plaintiff, at the time of filing the complaint, and the defendant, at the time of filing his answer, when affirmative relief is claimed in such answer, or at any time afterwards, may record in the Department of Land Management, a notice of the pendency of the action, containing the names of the parties, and the object of the action or defense, and a description of the property affected thereby. From the time of filing such notice for record only, shall a purchaser or encumbrancer of the property affected thereby be deemed to have constructive notice of the pendency of the action, and only of its pendency against parties designated by their real names. [Enacted 1953.] § 410. Who may serve summons; certificate of service of summons. The summons may be served by any peace officer where the defendant is found, or by any other person over the age of eighteen (18) not a party to the action. A copy of the complaint must be served, with the summons, upon each of the defendants. When the summons is served by a peace officer, it must be returned, with his certificate of its service, and of the service of a copy of the complaint, to the office of the clerk from which it issued. When it is served by any other person, it must be returned to the same place, with an affidavit of such person of its service, and of the service of a copy of the complaint, where such copy is served. [Enacted 1953.] § 411. Service of summons. The summons must be served by delivering a copy thereof as follows: 1. If the suit is against a domestic corporation, to the president or other head of the corporation, a vice president, a secretary, an assistant secretary, general manager, or a person designated for service of process or authorized to receive service of process. If such corporation is a bank, to any of the foregoing officers or agents thereof, or to a cashier or an assistant cashier thereof. If no such officers or agents of the corporation can be found within Guam after diligent search, then to the Director of Revenue and Taxation as provided in § 403 of the Civil Code, unless the corporation be of a class expressly excepted from the operation of that section. 2. If the suit is against a foreign corporation, or a nonresident joint stock company or association, doing business in Guam, in the manner provided by § 406 of the Civil Code. 3. If against a minor, under the age of fourteen (14) years, residing in the Territory of Guam, to such minor, personally, and also to his father, mother, or guardian; or if there be none in Guam, then to any person having the care or control of such minor, or with whom he resides, or in whose service he is employed. 4. If against a person residing in Guam, who has been judicially declared to be of unsound mind, or incapable of conducting his own affairs, and for whom a guardian has been appointed, to such person, and also to his guardian. 5. In all cases where a corporation has forfeited its charter or right to be business in Guam, or has dissolved, by delivering a copy thereof to one of the persons who have become the trustees of the corporation and of its stockholders or members; or, in a proper case, as provided in §§ 403 or 406 of the Civil Code. 6. In all other cases to the defendant personally. [Enacted 1953; reference to "Director of Finance" amended to "Revenue and Taxation" by Editor pursuant to P.L. 9-228, effective August 7, 1968.] [Service in District Court: see Rule 4, FRCP.] § 412. Cases in which service of summons may be by publication. Where the person on whom service is to be made resides outside of the Territory of Guam, or has departed from the Territory of Guam; or cannot, after due diligence, be found in the Territory of Guam; or conceals himself to avoid the service of summons; or is a corporation having no officer, or other person upon whom summons may be served who, after due diligence, can be found in Guam, and the fact appears by affidavit to the satisfaction of the court, or a judge thereof; and it also appears by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made, or that he is a necessary or proper party to the action; or when it appears by such affidavit, or by the complaint on file, that it is an action which relates to, or the subject of which is real or personal property in Guam, in which such person defendant or corporation defendant has or claims a lien or interest, actual or contingent, therein, or in which the relief demanded consists wholly or in part in excluding such person or corporation from any interest therein, such court or judge may make an order that the service be made by the publication of the summons. [Enacted 1953.] § 413. Publication, service by. The order must direct the publication to be made as follows: (a) By publishing notice thereof in a newspaper, if there is one, and for such length of time as may be deemed reasonable. (b) By posting copies of such summons on at least three (3) public bulletin boards in Agana and at least three (3) in a district, to be designated, as most likely to give notice to the person served, for such length of time as may be reasonable, and at least two (2) months, except in proceedings instituted pursuant to the provisions of Chapter IV, Title III, Part III, of this Code. (c) By depositing forthwith in the post office, a copy of the complaint and summons properly stamped and directed to the person to be served at his place of residence, in a case where the residence of a nonresident or absentee is known. In such cases, the judge shall consider the time and frequency of the mail service in fixing the time of expiration of the publication of notice. When publication is ordered, personal service of a copy of the summons and complaint outside of Guam is equivalent to publication and deposit in the post office, and in either case the service of the summons is complete at the expiration of the time prescribed by the order for publication. [Enacted 1953.] § 414. Proceedings where there are several defendants, and part only are served. When the action is against two or more defendants jointly or severally liable on a contract, and the summons is served on one or more, but not on all of them, the plaintiff may proceed against the defendants served in the same manner as if they were the only defendants. [Enacted 1953.] § 415. Proof of service, how made. Proof of the service of summons and complaint must be as follows: 1. If served by a peace officer, his certificate thereof; 2. If by other persons, his affidavit thereof; 3. In case of publication, an affidavit of the publisher showing the same, an affidavit of the posting thereof on the public bulletin boards, and an affidavit of a deposit of a copy of the summons in the post office, if the same has been deposited; or 4. The written admission of the defendant. In case of service otherwise than by publication, the certificate or affidavit must state the time and place of service. [Enacted 1953.] [EDITOR'S NOTE: See FRCP 4(g).] § 416. When jurisdiction of action is acquired. From the time of the service of the summons and of a copy of the complaint in a civil action, where service of a copy of the complaint is required, or of the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of the parties, and to have control of all the subsequent proceedings. In all cases where a corporation has forfeited its charter of right to do business in the Territory of Guam, the persons who become the trustees of the corporation and of its stockholders or members may be sued in the corporate name of such corporation in like manner as if no forfeiture had occurred and from the time of service of the summons and of a copy of the complaint in the civil action, upon one of said trustees, or of the completion of the publication when service by publication is ordered, the court is deemed to have acquired jurisdiction of all said trustees, and to have control of all the subsequent proceedings. The voluntary appearance of a defendant is equivalent to personal service of the summons and a copy of the complaint upon him. [Enacted 1953.] |