Guam § 45 - Preliminary Examination: Procedure.
Full text of Guam Guam Code Annotated § 45 — Preliminary Examination: Procedure., with citation guidance and answers to common questions.
§ 45. Preliminary Examination: Procedure.
At the preliminary examination, the court shall take evidence in the same manner as at trial.
Witnesses shall be examined in the presence of the defendant. The defendant may cross-examine witnesses
against him and may introduce evidence in his own behalf. Objections to the admissibility of evidence may
be taken on any grounds that would be available at trial.
While a witness is under examination, the court may exclude all witnesses who have not been
examined. The court may also cause the witnesses to be kept separate, and to be prevented from conversing
with each other until they are all examined.
The court shall, upon the request of the defendant, exclude from the examination every person
except the court clerk, the court reporter, the court bailiff, a witness while he is testifying, the prosecuting
attorney, the investigating officer, the defendant and his counsel, the officer, if any, having the defendant
in custody and the officer having custody of a prisoner while the prisoner is testifying. Nothing in this
Subsection shall affect the right to exclude witnesses as provided in Subsection (b).
Notwithstanding Subsection (c), when the witness who is testifying is a person less than 18 years
old, the witness shall be entitled to have an adult of the same sex in the courtroom.
NOTE: Section 45.60 is based on former §§ 865-868. See also former Rule 5(c). It should be noted that the last sentence
of Subsection (a) marks a significant departure from federal procedure. Under Subsection (a) objections may be taken
to evidence on the grounds that it is hearsay or that it was acquired by unlawful means. The new provision is consistent
with the California law, see People v. Davidson, 227 C.A. 2d 331, 38 Cal. Rptr. 660 (1964), but in direct contrast to
Rule 5.1 of the Federal Rules of Criminal Procedure.
Subsections (b) and (c) are based on former §§ 867 and 868 respectively. Their California counterparts are
discussed in B. Witkin, California Criminal Procedure Proceedings Before Trial §§ 140-143 (1963, Supp. 1973).
Frequently Asked Questions About Guam § 45
What does Guam Code Annotated § 45 cover?
Section 45 ("Preliminary Examination: 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 § 45?
A common citation format is "Guam Code Annotated § 45" (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 § 45 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.