plaint be not verified, a general denial is sufficient, but only puts in issue the material allegations of the complaint. [Enacted 1953.] [EDITOR'S NOTE: See FRCP 8 re denials and affirmative defenses.] § 437a. Actions to recover insurance, what defendant claiming exemption must set up. In an action to recover upon a contract of insurance wherein the defendant claims exemption from liability upon the ground that, although the proximate cause of the loss was a peril insured against, the loss was remotely caused by or would not have occurred but for a peril excepted in the contract of insurance, the defendant shall in his answer set forth and specify the peril which was the proximate cause of the loss, in what manner the peril excepted contributed to the loss or itself caused the peril insured against, and if he claims that the peril excepted caused the peril insured against, he shall in his answer set forth and specify upon what premises or at what place the peril excepted caused the peril insured against. [Enacted 1953.] § 438. When counterclaim may be set up. The counterclaim mentioned in § 437 must tend to diminish or defeat the plaintiff's recovery and must exist in favor of a defendant and against a plaintiff between whom a several judgment might be had in the action; provided, that the right to maintain a counterclaim shall not be affected by the fact that either plaintiff's or defendant's claim is secured by mortgage or otherwise, nor by the fact that the action is brought, or the counterclaim maintained, for the foreclosure of such security; and provided further, that the court may, in its discretion, order the counterclaim to be tried separately from the claim of the plaintiff. [Enacted 1953.] [EDITOR'S NOTE: See FRCP 13 re permissive/compulsory counterclaim.] $439. Counterclaim, when defendant omits to set up. If the defendant omits to set up a counterclaim upon a cause arising out of the transaction set forth in the complaint as the foundation of the plaintiff's claim, neither he nor his assignee can afterwards maintain an action against the plaintiff therefor. [Enacted 1953.] § 440. Compensated demands. When cross-demands have existed between persons under such circumstances that, if one had brought an action against the other, a counterclaim could have been set up, the two demands shall be deemed compensated, so far as they equal each other, and neither can be deprived of the benefit thereof by the assignment or death of the other. [Enacted 1953.] § 441. Answer may contain several grounds of defense. Defendant may answer part and demur to part of complaint. The defendant may set forth by answer as many defenses and counterclaims as he may have. They must be separately stated, and the several defenses must refer to the causes of action which they are intended to answer, in a manner by which they may be intelligibly distinguished. The defendant may also answer one or more of the several causes of action stated in the complaint and demur to the residue. [Enacted 1953.] [EDITOR'S NOTE: FRCP 7 (2) (c) abolished demur action.] § 442. Cross-complaint. Whenever the defendant seeks affirmative relief against any party, relating to or depending upon the contract, transaction, matter, happening, or accident upon which the action is brought, or affecting the property to which the action relates, he may, in addition to his answer, file at the same time, or by permission of the court subsequently, a cross-complaint. The cross-complaint must be served upon the parties affected thereby, and such parties may demur or answer thereto as to the original complaint. If any of the parties affected by the cross-complaint have not appeared in the action, a summons upon the cross-complaint must be issued and served upon them in the same manner as upon the commencement of an original action. [Enacted 1953.] CHAPTER V § 443. Time to demur. § 444. Demurrer, grounds of. § 443. Time to demur. The plaintiff may within ten (10) days after the service of the answer demur thereto, or to one or more of the several defenses or counterclaims set up therein. [Enacted 1953.] § 444. Demurrer, grounds of. The demurrer may be taken upon one or more of the following grounds: 1. That several causes of counterclaim have been improperly joined, or not separately stated; 2. That the answer does not state facts sufficient to constitute a defense or counterclaim; 3. That the answer is ambiguous; 4. That the answer is unintelligible; or, 5. That the answer is uncertain. [Enacted 1953.] [EDITOR'S NOTE: FRCP 7 (2) (c) abolished demurrers.] CHAPTER VI § 446. Verification of pleadings. § 447. § 448. Written instrument; when copy of complaint deemed genuine. § 449. Execution of instrument when not deemed admitted. § 446. Verification of pleadings. Every pleading must be subscribed by the party or his attorney; and when the complaint is verified, or when the government of Guam, or any officer thereof, in his official capacity, is plaintiff, the answer must be verified, unless an admission of the truth of the complaint might subject the party to a criminal prosecution, or, unless an officer of the government, in his official capacity, is defendant. In all cases of a verification of a pleading, the affidavit of the party must state that the same is true of his own knowledge, except as to the matters which are therein stated. on his information or belief, and as to those matters that he believes it to be true; and where a pleading is verified, it must be by the affidavit of a party, unless the parties are absent from the city or town where the attorney has his office, or from some cause unable to verify it, or the facts are within the knowledge of his attorney or other person verifying the same. When the pleading is verified by the attorney, or any other person except one of the parties, he must set forth in the affidavit the reasons why it is not made by one of the parties. When a corporation is a party, the verification may be made by any officer thereof. When the government or any officer thereof in his official capacity is plaintiff the complaint need not be verified. [Enacted 1953.] [EDITOR'S NOTE: See FRCP 11 re signing of pleadings; unless otherwise provided by rule or statute, verification is not necessary.] § 447. Written instrument; when copy of complaint deemed genuine. When an action is brought upon a written instrument, and the complaint contains a copy of such instrument, or a copy is annexed thereto, the genuineness and due execution of such instrument are deemed admitted, unless the answer denying the same be verified. (If the plaintiff relies upon a written instrument, in whole or in part, that fact shall be pleaded.) [Enacted 1953.] § 448. When defense is founded on written instrument set out in answer, its execution admitted, unless denied by plaintiff under oath. When the defense to an action is founded upon a written instrument, and a copy thereof is contained in the answer, or is annexed thereto, the genuineness and due execution of such instrument are deemed admitted, unless the plaintiff files with the clerk, within ten (10) days after receiving a copy of the answer, an affidavit denying the same, and serves a copy thereof on the defendant. (If the defendant relies upon a written instrument, in whole or in part, the fact shall be pleaded.) [Enacted 1953.] § 449. Execution of instrument when not deemed admitted. But the execution of the instrument mentioned in the two preceding sections is not deemed admitted by a failure to deny the same under oath, if the party desiring to controvert the same is, upon demand, refused an inspection of the original. Such demand must be in writing, served by copy, upon the adverse party or his attorney, and filed with the papers in the case. [Enacted 1953.] CHAPTER VII General Rules of Pleading § 452. Pleadings to be liberally construed. § 453. Sham and irrelevant answers, etc., may be stricken out. § 454. How to state an account in pleading. § 455. Description of real property in a pleading. § 456. Judgments, how pleaded. Private laws, how pleaded. § 460. § 461. Libel and slander, how stated in complaint; not necessary to allege or prove special damages. Answer in such cases. § 462. Allegations not denied, when to be deemed true; when to be deemed controverted. § 452. Pleadings to be liberally construed. In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. [Enacted 1953.] § 453. Sham and irrelevant answers, etc., may be stricken out. Sham and irrelevant answers, and irrelevant and redundant matter inserted in a pleading, may be stricken out, upon such terms as the court may, in its discretion, impose. [Enacted 1953.] § 454. How to state an account in pleading. It is not necessary for a party to set forth in a pleading the items of an account therein alleged, but he must deliver to the adverse party, within five (5) days after demand thereof in writing, a copy of the account, or be precluded from giving evidence thereof. The court or judge thereof may order a further account when the one delivered is too general, or is defective in any particular. [Enacted 1953.] § 455. Description of real property in a pleading. In an action for the recovery of real property it must be described in the complaint with such certainty as to enable an officer, upon execution, to identify it. [Enacted 1953.] § 456. Judgments, how pleaded. In pleading a judgment or other determination of a court, officer, or board, it is not necessary to state the facts conferring jurisdiction, but such judgment or determination may be stated to have been duly given or made. If such allegation be controverted, the party pleading must establish, on the trial, the facts conferring jurisdiction. [Enacted 1953.] In § 457. Conditions precedent, how to be pleaded. pleading the performance of conditions precedent in a contract, it is not necessary to state the facts showing such performance, but it may be stated generally that the party duly performed all the conditions on his part, and if such allegation be controverted, |