Guam § 37203 - Right of the Parties to Qui Tam Actions.

§ 37203. Right of the Parties to Qui Tam Actions.

(a) If the government of Guam proceeds with the action, it

shall have the primary responsibility for prosecuting the action,

shall not be bound by an act of the person who had brought the

action, and any such private party shall withdraw from such

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action, while receiving compensation as provided under this

Chapter for any contributions made prior to withdrawal from

such action.

(b) (1) The government of Guam may dismiss the action

notwithstanding the objections of the person initiating the

action if the person has been notified by the government of

Guam of the filing of the motion and the court has provided

the person with an opportunity for a hearing on the motion.

(2) The government of Guam may settle the action

with the defendant notwithstanding the objections of the

person initiating the action if the court determines, after a

hearing, that the proposed settlement is fair, adequate, and

reasonable under all the circumstances. Upon a showing of

good cause, such hearing may be held in camera. If any

such settlement is achieved, the person initiating the action

shall have the same rights in such proceedings as such

person would have had pursuant to § 37103 if the action had

continued.

(c) If the government of Guam elects not to proceed with

the action, the person who initiated the action shall have the right

to conduct the action.

(1) If the government of Guam so requests, it shall be

served with copies of all pleadings filed in the action and

shall be supplied with copies of all deposition transcripts (at

the government of Guam’s expense).

(2) When a person proceeds with the action, the court,

without limiting the status and rights of the person initiating

the action, shall not permit the government of Guam to

intervene at a later date.

(d) Whether or not the government of Guam proceeds with

the action, upon a showing by the government of Guam that

certain actions of discovery by the person initiating the action

would interfere with the government of Guam’s investigation or

prosecution of a criminal or civil matter arising out of the same

facts, the court may stay such discovery for a period of not more

than sixty (60) days. Such a showing shall be conducted in

camera. The court may extend the sixty (60)-day period upon a

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further showing in camera that the government of Guam has

pursued the criminal or civil investigation or proceedings with

reasonable diligence and any proposed discovery in the civil

action will interfere with the ongoing criminal or civil

investigation or proceedings.

(e) Notwithstanding § 37202, the government of Guam

may elect to pursue its claim through any alternate remedy

available to the government of Guam, including any

administrative proceeding to determine a civil money penalty. If

any such alternate remedy is pursued in another proceeding, the

person initiating the action shall have the same rights in such

proceeding as such person would have had if the action had

continued under this Section. Any finding of fact or conclusion

of law made in such other proceeding that has become final shall

be conclusive on all parties to an action under this Section. For

purposes of the preceding sentence, a finding or conclusion is

final if it has been finally determined on appeal to the

appropriate court of Guam, if all time for filing such an appeal

with respect to the finding or conclusion has expired, or if the

finding or conclusion is not subject to judicial review.