Guam § 70 - Unavailability Defined.

§ 70. Unavailability Defined.

(a) Unavailable as a witness includes situations in which the

deponent:

(1) persists in refusing to testify concerning the subject

matter of his deposition despite an order of the judge to do

so;

(2) testifies to a lack of memory of the subject matter of

his deposition;

(3) is unable to be present or to testify at the hearing

because of death or then existing physical or mental illness

or infirmity; or

(4) is absent from the hearing and the proponent of his

deposition has been unable to procure his attendance by

process or other reasonable means.

(b) A deponent is not unavailable as a witness if his

exemption, refusal, claim or lack of memory, inability or absence

is due to the procurement or wrongdoing of the proponent of his

deposition for the purpose of preventing the witness from

attending or testifying.