Guam § 3104 - Compelling Discovery Through Superior Court.

§ 3104. Compelling Discovery Through Superior Court.

(a) Jurisdiction. Upon the noncompliance with a subpoena or subpoena

duces tecum issued by a Committee or I Liheslaturan Guåhan, including

the failure to provide all the documents requested by a subpoena duces

tecum, the Committee or I Liheslaturan Guåhan shall have the standing,

jurisdiction and authority to petition to the Superior Court of Guam for a

timely Court order to compel the attendance of a witness before that

Committee or I Liheslaturan Guåhan, or a Court order for the immediate

production of documents by thewitness, or both. The Court order shall set

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forth the time and place for compliance before either the Committee, I

Liheslaturan Guåhan or the Court, to be determined by the Petitioner.

(b) Expedited Process to Obtain Order. The petition to the Superior

Court of Guam hereunder shall be in the form of a summary, Special

Proceeding case designation which shall be expedited and heard by the

Court within five (5) calendar days. The witness may appear and answer at

the hearing set forth in the notice to appear. In the event that notice is given

and the witness fails to appear at the hearing, the Court shall immediately

grant an order compelling compliance. The Court shall maintain jurisdiction

over the case and continue proceedings until compliance with the subpoena

or subpoena duces tecum is had, including if the Court determines that

additional time should be given to the witness for compliance. A final

determination of the Court shall be immediately appealable to the Supreme

Court of Guam, which shall hear the appeal on an expedited basis.

(c) Imposition of Sanctions. The Court shall impose contempt of court

for any violation of its order obtained hereunder, which may include, but is

not limited to, imprisonment until compliance or monetary fines, or both.

Application for an order finding contempt of court shall be made by the

Petitioner in the form of an AOrder to Show Cause RE: Contempt of Court.