Guam § 70 - Failure to Comply; Remedies.

§ 70. Failure to Comply; Remedies.

If at any time during the course of the proceedings, it is

brought to the attention of the court that a party has failed to

comply with an order issued pursuant to this Chapter, the court

may order such party to comply with the prior order, grant a

continuance, or issue such other order as it deems just under the

circumstances.

NOTE: Section 70.45 is based on a portion of former Rule 16(g) and ABA,

Project on Standards for Criminal Justice Discovery and Procedure Before

Trial § 4.7 (Approved draft 1970). Section 70.45 does not specifically

authorize the court to Aprohibit the party from introducing in evidence the

material not disclosed.@ Compare former Rule 16(g). This may be

permissible in certain situations but there may be constitutional difficulties

in applying this sanction against a defendant and it seems better policy for

the court Ato apply sanctions which affect the evidence at trial and the

merits of the case as little as possible.@ See ABA, supra at 107-108.

Similarly, this Section does not deal specifically with willful violations of

an order. Compare id. § 4.7(b). This omission does not, of course, limit the

court's general contempt power.

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ARTICLE 2

DEPOSITIONS