Guam § 37408 - Oral Examinations.

§ 37408. Oral Examinations.

(a) Procedures. The examination of any person pursuant to

a civil investigative demand for oral testimony served under this

Section shall be taken before an officer authorized to administer

oaths and affirmations by the laws of Guam.

(1) The officer before whom the testimony is to be

taken shall put the witness on oath or affirmation and shall,

personally or by someone acting under the direction of the

officer and in the officer’s presence, record the testimony of

the witness.

(2) The testimony shall be taken stenographically and

shall be transcribed.

(3) When the testimony is fully transcribed, the officer

before whom the testimony is taken shall promptly transmit

a copy of the transcript of the testimony to the custodian.

This Subsection shall not preclude the taking of testimony by

any means authorized by, and in a manner consistent with, the

laws of Guam.

(b) Persons Present. The false claims law investigator

conducting the examination shall exclude from the place where

the examination is held all persons except the person giving the

testimony, the attorney for and any other representative of the

person giving the testimony, the attorney for the government,

any person who may be agreed upon by the attorney for the

government and the person giving the testimony, the officer

before whom the testimony is to be taken, and any stenographer

taking such testimony.

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(c) Transcript of Testimony. When the testimony is fully

transcribed, the false claims law investigator or the officer before

whom the testimony is taken shall afford the witness, who may

be accompanied by counsel, a reasonable opportunity to examine

and read the transcript, unless such examination and reading are

waived by the witness. Any changes in form or substance which

the witness desires to make shall be entered and identified upon

the transcript by the officer or the false claims law investigator,

with a statement of the reasons given by the witness for making

such changes. The transcript shall then be signed by the witness,

unless the witness in writing waives the signing, is ill, cannot be

found, or refuses to sign. If the transcript is not signed by the

witness within thirty (30) days after being afforded a reasonable

opportunity to examine it, the officer or the false claims law

investigator shall sign it and state on the record the fact of the

waiver, illness, absence of the witness, or the refusal to sign,

together with the reasons, if any, given therefor.

(d) Certification and Delivery to Custodian. The officer

before whom the testimony is taken shall certify on the transcript

that the witness was sworn by the officer and that the transcript

is a true record of the testimony given by the witness, and the

officer or false claims law investigator shall promptly deliver the

transcript, or send the transcript by registered or certified mail, to

the custodian.

(e) Furnishing or Inspection of Transcript by Witness.

Upon payment of reasonable charges therefor, the false claims

law investigator shall furnish a copy of the transcript to the

witness only, except that the Attorney General, the Deputy

Attorney General, or an Assistant Attorney General may, for

good cause, limit such witness to inspection of the official

transcript of the witness’ testimony.

(f) Conduct of Oral Testimony.

(1) Any person compelled to appear for oral testimony

under a civil investigative demand issued under § 37401

may be accompanied, represented, and advised by counsel.

Counsel may advise such person, in confidence, with

respect to any question asked of such person. Such person

or counsel may object on the record to any question, in

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whole or in part, and shall briefly state for the record the

reason for the objection. An objection may be made,

received, and entered upon the record when it is claimed

that such person is entitled to refuse to answer the question

on the grounds of any constitutional or other legal right or

privilege, including the privilege against self-incrimination.

Such person may not otherwise object to or refuse to answer

any question, and may not directly or through counsel

otherwise interrupt the oral examination. If such person

refuses to answer any question, a petition may be filed in

the Unified Judiciary of Guam under § 37410(a) for an

order compelling such person to answer such question.

(2) If such person refuses to answer any question on

the grounds of the privilege against self-incrimination, the

testimony of such person may be compelled, in a manner

consistent with Guam law.

(g) Witness Fees and Allowances. Any person appearing

for oral testimony under a civil investigative demand issued

under § 37401 shall be entitled to the same fees and allowances

which are paid to witnesses in the Unified Judiciary of Guam.