Guam § 37410 - Judicial Proceedings.

§ 37410. Judicial Proceedings.

(a) Petition for Enforcement. Whenever any person fails to

comply with any civil investigative demand issued under §

37401, or whenever satisfactory copying or reproduction of any

material requested in such demand cannot be done and such

person refuses to surrender such material, the Attorney General

may file, in the Unified Judiciary of Guam, and serve upon such

person a petition for an order of such court for the enforcement

of the civil investigative demand.

(b) Petition to Modify or Set Aside Demand.

(1) Any person who has received a civil investigative

demand issued under § 37401 may file, in the Unified

Judiciary of Guam, is found, or transacts business, and serve

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upon the false claims law investigator identified in such

demand a petition for an order of the court to modify or set

aside such demand. In the case of a petition addressed to an

express demand for any product of discovery, a petition to

modify or set aside such demand may be brought only in the

Unified Judiciary of Guam. Any petition under this item

must be filed:

(A) within twenty (20) days after the date of

service of the civil investigative demand, or at any time

before the return date specified in the demand,

whichever date is earlier; or

(B) within such longer period as may be

prescribed in writing by any false claims law

investigator identified in the demand.

(2) The petition shall specify each ground upon which

the petitioner relies in seeking relief under Item (1), and

may be based upon any failure of the demand to comply

with the provisions of this Section or upon any

constitutional or other legal right or privilege of such

person. During the pendency of the petition in the court, the

court may stay, as it deems proper, the running of the time

allowed for compliance with the demand, in whole or in

part, except that the person filing the petition shall comply

with any portions of the demand not sought to be modified

or set aside.

(c) Petition to Modify or Set Aside Demand for Product of

Discovery.

(1) In the case of any civil investigative demand

issued under § 37401, which is an express demand for any

product of discovery, the person from whom such discovery

was obtained may file, in the Unified Judiciary of Guam,

and serve upon any false claims law investigator identified

in the demand and upon the recipient of the demand, a

petition for an order of such court to modify or set aside

those portions of the demand requiring production of any

such product of discovery. Any petition under this

Subparagraph must be filed:

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(A) within twenty (20) days after the date of

service of the civil investigative demand, or at any time

before the return date specified in the demand,

whichever date is earlier; or

(B) within such longer period as may be

prescribed in writing by any false claims law

investigator identified in the demand.

(2) The petition shall specify each ground upon which

the petitioner relies in seeking relief under Item (1), and

may be based upon any failure of the portions of the

demand from which relief is sought to comply with the

provisions of this Section, or upon any constitutional or

other legal right or privilege of the petitioner. During the

pendency of the petition, the court may stay, as it deems

proper, compliance with the demand and the running of the

time allowed for compliance with the demand.

(d) Petition to Require Performance by Custodian of

Duties. At any time during which any custodian is in custody or

control of any documentary material or answers to

interrogatories produced, or transcripts of oral testimony given,

by any person in compliance with any civil investigative demand

issued under § 37401, such person, and in the case of an express

demand for any product of discovery, the person from whom

such discovery was obtained, may file, in the Unified Judiciary

of Guam, and serve upon such custodian, a petition for an order

of such court to require the performance by the custodian of any

duty imposed upon the custodian by this Section.

(e) Jurisdiction. Whenever any petition is filed in the

Unified Judiciary of Guam under this Section, such court shall

have jurisdiction to hear and determine the matter so presented,

and to enter such order or orders as may be required to carry out

the provisions of this Section. Any final order so entered shall be

subject to appeal to the Supreme Court of Guam. Any

disobedience of any final order entered under this Section by any

court shall be punished as a contempt of the court.

(f) Applicability of Federal Rules of Civil Procedure. The

Guam Rules of Civil Procedure shall apply to any petition under

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this Subsection, to the extent that such rules are not inconsistent

with the provisions of this Section.