Guam § 10117 - Witnesses Before Arbitrators.

§ 10117. Witnesses Before Arbitrators.

The panel or its chairperson in the arbitration proceeding shall, upon

COL120106

CH. 10 MEDICAL M ALPRACTICE – MANDATORY ARBITRATION

application by a party to the proceeding, and may upon its own deter-

mination, issue a subpoena requiring a person to appear and be examined

with reference to a matter within the scope of the proceeding, and to

produce books, records, or papers pertinent to the proceeding. In case of

disobedience to the subpoena, the chairperson or a majority of the

arbitration panel in the arbitration proceeding may petition the Superior

Court of Guam to require the attendance and testimony of the witness and

the production of books, papers, and documents. The Superior Court of

Guam, in case of contumacy or refusal to obey a subpoena, may issue an

order requiring that person to appear and to produce books, records, and

papers and give evidence touching the matter in question. Failure to obey

the order of the Court may be punished by the Court as contempt. The fees

for the attendance of any person to attend before the arbitration panel as a

witness shall be the same as the fees for witnesses subpoenaed before the

Superior Court of Guam. The Superior Court of Guam shall order a witness

to pay the cost of the aggrieved party, to include attorney's fees, if it is

determined that the witness wrongfully failed to appear before the

arbitration panel.