Guam § 5307 - Hearing.
Full text of Guam Guam Code Annotated § 5307 — Hearing., with citation guidance and answers to common questions.
§ 5307. Hearing.
No court of the territory shall have jurisdiction to issue a temporary or
permanent injunction in any case involving or growing out of a labor
dispute, as defined in this Chapter, except after hearing the testimony of
witnesses in open court (with opportunity for cross-examination) in support
of the allegations of a complaint made under oath, and testimony in
opposition thereto if offered, and except after findings of act by the courts, to
the effect:
(a) That unlawful acts have been threatened and will be committed
unless restrained, or have been committed and will be continued unless
restrained, but no injunction or temporary restraining order shall be
issued on account of any threat or unlawful act excepting against the
person or persons, association, or organization making the threat or
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committing the unlawful act or actually authorizing or ratifying the
same after actual knowledge thereof;
(b) That substantial and irreparable injury to complainant's
property will follow;
(c) That as to each item of relief granted, greater injury will be
inflicted upon complainant by the denial of relief than will be inflicted
upon defendants by the granting of relief;
(d) That the complainant has no adequate remedy at law; and
(e) That the public officers charged with the duty to protect
complainant's property are unable or unwilling to furnish adequate
protection.
Such hearing shall be held after due and personal notice thereof has
been given, in such manner as the court shall direct, to all known persons
against whom relief is sought, and also to the Director of Public Safety
charged with the duty to protect complainant's property; provided, that if a
complainant shall also allege that, unless a temporary restraining order shall
be issued without notice, a substantial and irreparable injury to complainant's
property will be unavoidable, such a temporary restraining order may be
issued upon testimony under oath, sufficient, if sustained, to justify the court
in issuing a temporary injunction upon a hearing after notice. Such a
temporary restraining order shall be effective for no longer than five (5) days
and shall become void at the expiration of the five (5) days. No temporary
restraining order or temporary injunction shall be issued except on condition
that complainant shall first file an undertaking with adequate security in an
amount to be fixed by the court, sufficient to recompensate those enjoined
for any loss, expense, or damage caused by the improvident or erroneous
issuance of such order or injunction, including all reasonable costs (together
with a reasonable attorney's fee), and expense of defense against the order or
against the granting of any injunctive relief sought in the same proceeding
and subsequently denied by the court.
The undertaking mentioned in this section shall be understood to
signify an agreement entered into by the complainant and the surety upon
which a decree may be rendered in the same suit or proceeding against the
complainant and surety, upon a hearing to assess damages of which hearing
complainant and surety shall have reasonable notice, the complainant and
surety submitting themselves to the jurisdiction of the court for that purpose.
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But nothing in this section contained shall deprive any party having a claim
or cause of action under or upon such undertaking from electing to pursue
his ordinary remedy by suit at law or in equity.
Frequently Asked Questions About Guam § 5307
What does Guam Code Annotated § 5307 cover?
Section 5307 ("Hearing.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 5307?
A common citation format is "Guam Code Annotated § 5307" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 5307 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.