Guam § 45 - Waiver of Indictment; of Preliminary Examination.
Full text of Guam Guam Code Annotated § 45 — Waiver of Indictment; of Preliminary Examination., with citation guidance and answers to common questions.
§ 45. Waiver of Indictment; of Preliminary Examination.
In any case where the defendant has the right to prosecution by indictment, he may waive such right
at any time after he has been advised of his rights pursuant to § 45.30. If the defendant has also waived his
right to a preliminary examination, upon waiver of prosecution by indictment, the court shall hold the
defendant to answer, and shall order the prosecuting attorney to file, within fifteen days after entry of the
order, an information in the court charging the defendant with the offense charged by the complaint.
COL 2025-12-23
CH. 45 FIRST APPEARANCE: PRELIMINARY EXAMINATION
NOTE: Section 45.45 provides the procedure for waiver by the defendant of prosecution by indictment contemplated
by § 1.15. Compare former § 682(b); former Rule 7(b). It should be noted that the defendant may waive both
prosecution by indictment pursuant to this Section and a preliminary examination pursuant to § 45.50(f), in which case,
the court will order an information to be filed. If the defendant waives only his right to an indictment, then he is not
deprived of his right to a preliminary examination, unless the prosecuting attorney opts to obtain an indictment. See §§
1.15; 45.50(d). For dismissal for failure to file an information within the time prescribed, see § 80.60.
Source: official Guam text · Last verified 2026-08-27
Frequently Asked Questions About Guam § 45
What does Guam Code Annotated § 45 cover?
Section 45 ("Waiver of Indictment; of Preliminary Examination.") 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 § 45?
A common citation format is "Guam Code Annotated § 45" (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 § 45 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.