Guam § 69 - Official Investigation.

§ 69. Official Investigation.

(a)If the Attorney General has reasonable cause to believe that a person

has information or is in possession, custody, or control of any document or

other tangible object relevant to an investigation for a violation of this

chapter, the Attorney General may serve upon the person, before bringing

any action in the Superior Court, a written demand to appear and be

examined under oath, to answer written interrogatories under oath, or to

produce the document or object for inspection and copying. The demand

must:

(1) Be served upon the person in a manner required for service of

process in Guam;

(2) Describe the nature of the conduct constituting the violation

under investigation;

(3) Describe the document or object with sufficient definiteness to

permit it to be fairly identified;

(4) Contain a copy of the written interrogatories;

(5) Prescribe a reasonable time in which the person must appear

to testify, within which to answer the written interrogatories, or within

which the document or object must be produced, and advise the person

that a reasonable opportunity will be afforded for examination and

notation of corrections upon any transcript of an oral examination, that

a copy of one's own transcript can be obtained upon payment of

reasonable charges, and that objections to or reasons for not complying

with the demand may be filed with the Attorney General at or before

the designated time;

(6) Specify a place for the taking of testimony or for production

and designate a person who shall be custodian of the document or

objects; and

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(7) Be served with a copy of this chapter.

(b) If a person objects to or otherwise fails to comply with the written

demand served upon that person under subsection (a) of this section, the

Attorney General may file in the Superior Court of Guam a petition for an

order to enforce the demand. Notice of hearing the petition and a copy of

the petition must be served upon the person, who may appear in opposition

to the petition. If the court finds that the demand is proper, that there is

reasonable cause to believe there has been a violation of this chapter, and

that the information sought or document or object demanded is relevant to

the violation, it shall order the person to comply with the demand, subject to

modifications the court may prescribe. Upon motion by the person and for

good cause shown, the court may make any further order in the proceedings

that justice requires to protect the person from unreasonable annoyance,

embarrassment, oppression, burden, or expense.

(c) Any procedure, testimony taken, or material produced under this

chapter and in the hands of the Attorney General is not a public document

before bringing an action against the person under this chapter for the

violation under investigation, unless confidentiality is waived by the person

being investigated and the person who has testified, answered

interrogatories or produced material, or disclosure is authorized by the

court. Nothing herein shall preclude discovery being had in any other case

of materials obtained from a person and in the possession of the Attorney

General, to the same extent the material would be discoverable if it was in

the possession of the person from whom taken.

(d) Any person compelled to appear under this section and required to

testify under oath may be accompanied, represented and advised by counsel.

An objection may properly be made, received and entered upon the record

when it is claimed that such person is entitled to refuse to answer the

questions on grounds of any constitutional or any other legal right or

privilege.

(e) Nothing in this section shall be construed to prevent the regular use

by the Attorney General of a grand jury for the production of documents or

issuance subpoenas for witnesses, when the investigation relates to a

criminal violation of this Chapter.