Guam § 17106 - Required Procedures.

§ 17106. Required Procedures.

On the filing of any motion as described in § 17105:

(a) the motion shall be treated as one for summary judgment:

(1) the trial court shall use a time period appropriate to preferred

or expedited motions; and

(2) the moving party shall have a right of expedited appeal from

a trial court order denying such a motion or from a trial court failure to

rule on such a motion in expedited fashion;

(b) discovery shall be suspended, pending decision on the motion and

appeals;

(c) the responding party shall have the burden of proof, of going

forward with the evidence and of persuasion on the motion;

(d) the court shall make its determination based on the facts contained

in pleadings and affidavits filed;

(e) the court shall grant the motion and dismiss the judicial claim,

unless the responding party has produced clear and convincing evidence

that the acts of the moving party are not immunized from liability by §

17104;

(f) any government body to which the moving party's acts were

directed, or the Attorney General of this Island, may intervene, defend or

otherwise support the moving party in the SLAPP;

(g) the court shall award a moving party who is dismissed, without

regards to any limit under Guam law:

(1) costs of litigation, including reasonable attorney and expert

witness fees, incurred in connection with the motion; and

(2) such additional sanctions upon the responding party, its

attorneys or law firms as it determines will be sufficient to deter

repetition of such conduct and comparable conduct by others similarly

situated; and

COL120106

(h) a person damaged or injured by reason of a claim filed in violation

of their rights under § 17104 may seek relief in the form of a claim for

actual or compensatory damages, as well as punitive damages, attorney’s

fees and costs, from the person or persons responsible.