Guam § 40 - Solvency of Sureties to be Assured; Procedure.
Full text of Guam Guam Code Annotated § 40 — Solvency of Sureties to be Assured; Procedure., with citation guidance and answers to common questions.
§ 40. Solvency of Sureties to be Assured; Procedure.
(a) Where a bond secured by a surety is required pursuant to
this Chapter, the judge may require the person seeking to be the
surety to show by affidavit that he is worth the amount of the
bond and is otherwise responsible. In the affidavit the person
may be required to describe the property by which he proposes
to justify and the encumbrances thereon, and to list all his other
assets and liabilities. The judge may further examine the person
under oath and may call and examine witnesses to determined
whether the person is qualified.
(b) Nothing in this Section precludes the judge from
allowing two or more sureties to justify severally in amounts less
than that expressed in the bond, if the whole justification equals
the amount required.
COL6/24/2021
NOTE: Section 40.25 is based on former Rule 46(e)and §§ 1279-1280b.
However, § 40.20 now provides the court greater flexibility in setting the
terms of the appearance bond. The bond may be unsecured or secured, in
whole or in part, by deposit or the obligation of sureties. Because of this
flexibility no purpose would be served in requiring the surety to show
more than sufficient solvency and responsibility. Hence, this Section
eliminates some of the specificity regarding qualifications of the surety
contained in the former sections. If, however, there is a fear that the
surety's solvency or responsibility may be illusory or temporary the court
can require actual deposit. See §§ 40.20, 40.30.
Source: official Guam text · Last verified 2026-08-27
Frequently Asked Questions About Guam § 40
What does Guam Code Annotated § 40 cover?
Section 40 ("Solvency of Sureties to be Assured; Procedure.") 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 § 40?
A common citation format is "Guam Code Annotated § 40" (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 § 40 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.