Guam § 45 - Preliminary Examination to be Recorded; Accessibility.
Full text of Guam Guam Code Annotated § 45 — Preliminary Examination to be Recorded; Accessibility., with citation guidance and answers to common questions.
§ 45. Preliminary Examination to be Recorded; Accessibility.
The preliminary examination shall be either recorded by suitable sound recording equipment or
taken down by a court reporter.
The court, upon timely application and such terms and conditions as it may require, shall give the
attorney for the defendant and the prosecuting attorney an opportunity to examine any recording of the
preliminary examination for their information in connection with any further hearing or their preparation
for trial and shall order a transcript make of all or part of such proceedings. Such transcript shall be furnished
without cost to the party requesting it.
NOTE: Section 45.70 is based on 18 U.S.C.A. § 3060(f) and Rule 5.1(c) of the Federal Rules of Criminal Procedure.
Compare former §§ 860, 869-870 makes clear that a complete record of the preliminary examination must always be
made and, where needed in subsequent proceedings must be furnished to both the prosecution and the defense. Section
45.70 does not require a transcript in every case because in some cases no probable cause will be found and the
complaint will be dismissed and the defendant discharged. See § 45.80. However, even in such cases, a recording will
have been made and if a new charge is made in subsequent proceedings, the parties may still need and are authorized
to obtain the record or a transcript of the prior proceeding.
COL 2025-12-23
CH. 45 FIRST APPEARANCE: PRELIMINARY EXAMINATION
Frequently Asked Questions About Guam § 45
What does Guam Code Annotated § 45 cover?
Section 45 ("Preliminary Examination to be Recorded; Accessibility.") 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.