Guam § 4308 - Hearing.
Full text of Guam Guam Code Annotated § 4308 — Hearing., with citation guidance and answers to common questions.
§ 4308. Hearing.
(a) Cases under this Article shall be heard by the court
without a jury. The hearing may be conducted in an informal
manner and may be adjourned from time to time. Stenographic
notes or mechanical recording of the hearing shall be required as
in other civil cases in the court unless all parties waive the right to
such record and the court so orders. The general public shall be
excluded and only such persons admitted whose presence is
requested by any person entitled to notice under § 4305 or as the
judge shall find to have a direct interest in the case or in the work
of the court; provided that persons so admitted shall not disclose
any information secured at the hearing which would identify an
individual child or parent. In addition, the court may require the
presence of witnesses (including persons making any report, study
or examination which is before the court when such persons are
reasonably available) deemed necessary to the disposition of the
petition; except, that a parent who has executed a waiver pursuant
to § 4305(d), or whose identity is unknown under § 4305(e), shall
not be required to appear at the hearing.
(b) When termination of the parent-child relationship is
sought under § 4303(b) the parent or guardian ad litem shall be
notified as soon as practicable after the filing of a petition and
prior to the start of a hearing of his right to have counsel, and if
counsel is requested and the parent is financially unable to employ
counsel, counsel shall be provided.
(c) The court’s finding with respect to grounds for
termination shall be based upon a preponderance of evidence
under the rules applicable to the trial of civil causes, provided that
relevant and material information of any nature, including that
contained in reports, studies or examination, may be admitted and
relied upon to the extent of its probative value. When information
contained in a report, study or examination is admitted in
evidence, the person making such a report, study or examination
shall be subject to both direct and cross-examination when he is
reasonably available.
(d) Where the termination is sought under § 4303(b)(4) to
support a decree of termination, evidence of the alleged condition
shall be no less than that required to support involuntary
hospitalization pursuant to 10 GCA Chapter 82, Article 3.
(e) Where the termination is sought under § 4303(b)(5) to
support a decree of termination, the standard of proof shall be by
clear and convincing evidence.
Frequently Asked Questions About Guam § 4308
What does Guam Code Annotated § 4308 cover?
Section 4308 ("Hearing.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 4308?
A common citation format is "Guam Code Annotated § 4308" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 4308 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.