Guam § 70 - Contents of Court Order.

§ 70. Contents of Court Order.

(a) Where an order requiring disclosure under this Chapter is

issued, the order shall state and the court shall determine the time,

place and manner of making the disclosure required. The court

may impose such terms and conditions as the court determines are

just, provided that all material and information to which a party is

entitled shall be disclosed in time to permit his beneficial use

thereof.

(b) Where a document or other tangible object contains

material, part of which is subject to disclosure pursuant to this

Chapter and part of which is not subject to disclosure, only the

part subject to disclosure need be disclosed but the entire

document or other tangible object shall be sealed and preserved in

the records of the court, to be made available to the appellate court

in the event of an appeal.

NOTE: Section 70.30 is based on ABA, Project on Standards for Criminal

Justice Discovery and Procedure Before Trial §§ 4.3-4.6 (Approved draft

1970). See also former Rule 16(d), (e). § 70.30 provides the court broad

discretion to impose suitable conditions on disclosure. Moreover, in some

circumstances a document, photograph or other source will contain

extraneous material not subject to disclosure and the section makes clear

that the latter may be withheld. However, the section also makes clear that

material and information which is required to be disclosed by this Chapter

must be eventually and timely provided. The section also provides for

preservation of material not disclosed for possible appellate review. See

also § 70.35 (in camera proceedings).