Guam § 32126 - Same: Contents.

§ 32126. Same: Contents.

(a) Each demand for information by the Attorney General

under this chapter prior to filing an action in the Superior Court,

shall:

(1) state the statute and section under which the alleged

violation is being investigated, and the general subject matter

of the investigation;

(2) describe the class or classes of documentary material

to be produced with reasonable specificity so as to fairly

indicate the material demanded;

(3) prescribe a return date within which the

documentary material is to be produced; and

(4) identify the authorized agent or agents of the

Attorney General’s Office to whom the documentary

material is to be made available for inspection and copying.

(b) A civil investigative demand may contain a requirement

for disclosure of documentary material which would be

discoverable under the Rules of Civil Procedure.

(c) Service of a civil investigative demand may be made by:

(1) Delivering a duly executed copy of the demand to

the person to be served or to a partner or to any officer or

agent authorized by appointment or by law to receive service

of process on behalf of that person;

(2) Delivering a duly executed copy of the demand to

the principal place of business of the person to be served;

(3) Mailing by registered mail or certified mail a duly

executed copy of the demand addressed to the person to be

served at the principal place of business or if the person has

no place of business, to his principal office or place of

business.

(d) Documentary material demanded pursuant to this section

shall be produced for inspection and copying during normal

business hours at the principal office or place of business of the

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person served, or at other times and places as may be agreed on

by the person served and the Attorney General.

(e) No documentary material produced pursuant to a demand

under this section, unless otherwise ordered by a court for a good

cause shown, or unless otherwise discover able if the materials

were in the hands of the person who produced the materials, shall

be produced for inspection or copying by, nor shall its contents be

disclosed to any person other than the authorized employee of the

Attorney General’s Office without the consent of the person who

produced the material. The Attorney General shall prescribe

reasonable terms and conditions allowing the documentary

material to be available for inspection and copying by the person

who produced the material or any duly authorized representative

of that person. The Attorney General may use the documentary

material or copies of it as it deter mines necessary in the

enforcement of this chapter, including presentation before any

court. Any material which contains trade secrets shall not be

presented except with the approval of the court in which the action

is pending after adequate notice to the person furnishing the

material. All materials held by the Attorney General pursuant to

production are discoverable by a party in another court case to the

same extent that the materials would be discoverable if still in the

possession of the person who produced the materials for the

Attorney General.

(f) At any time before the return date specified in the demand,

or within twenty (20) days after the demand has been served,

whichever period is shorter, a petition to extend the return date

for, or to modify or set aside the demand, stating good cause, may

be filed in court.

(g) A person on whom a demand is served under this section

shall comply with the terms of the demand unless otherwise

provided by a court order.

(h) Service of a similar investigative demand under this

section may be made on any person outside Guam if the person

has engaged in conduct in violation of this chapter. Such persons

shall be deemed to have submitted them selves to the jurisdiction

of Guam within the meaning of this section.

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