Guam Rules of Evidence

The Guam Rules of Evidence govern how to collect, present and apply evidence in proceedings in Guam courts.  These Rules of Evidence generally apply to civil actions and proceedings, to criminal cases and proceedings and to contempt proceedings except those in which the court may act summarily.  With respect to privileges the rules apply at all stages of all actions, cases, and proceedings.

However, the rules (other than those with respect to privileges) do not apply in the following situations:

  • During determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court.
  • Proceedings before grand juries.
  • During miscellaneous Proceedings such as for extradition or rendition; detention hearing in criminal cases; sentencing, granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

Guam Rules of Evidence are construed to secure fairness in administration and elimination of unjustifiable expense and delay.  In addition, the rules aim at promotion of growth and development of the law of evidence for ascertaining truth and justly determining proceedings.

Table of Contents of Guam Rules of Evidence

ARTICLE I. GENERAL PROVISIONS 6

Rule 101. Scope.

Rule 102. Purpose and Construction.

Rule 103. Rulings on Evidence.

Rule 104. Preliminary Questions.

Rule 105. Limited Admissibility.

Rule 106. Remainder of or Related Writings or Recorded Statements.

ARTICLE II. JUDICIAL NOTICE 1

Rule 201. Judicial Notice of Adjudicative Facts.

ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS 2

Rule 301. Presumptions in General in Civil Actions and Proceedings.

Rule 302. (Reserved)

ARTICLE IV. RELEVANCY AND ITS LIMITS 17

Rule 401. Definition of “Relevant Evidence”.

Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible.

Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time.

Rule 404. Character Evidence Admissible to Prove Conduct; Exceptions; Other Crimes.

Rule 405. Methods of Proving Character.

Rule 406. Habit; Routine Practice.

Rule 407. Subsequent Remedial Measures.

Rule 408. Compromises and Offers to Compromise.

Rule 409. Payment of Medical and Similar Expenses.

Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements.

Rule 411. Liability Insurance.

Rule 412. Sex Offense Cases; Relevance of Alleged Victim’s Past Sexual Behavior or Alleged Sexual Predisposition.

Rule 413. Evidence of Similar Crimes in Criminal Sexual Conduct Cases.

Rule 414. (Reserved)

Rule 415. Evidence of Similar Acts in Civil Cases Concerning Criminal Sexual Conduct.

Rule 416. Records of Medical Studies of In-Hospital Staff Committees.

Rule 417. Review of Quality Care, Health Care Provider Peer Review Committees, Immunity from Liability;

ARTICLE V. PRIVILEGES 6

Rule 501. General Rule.

Rule 502. Traditional Privileges.

Rule 503. Waiver of Privilege.

Rule 504. Particular Privileges.

Rule 504.1. Privileged Communications and Information to Crime Stoppers Organizations.

Rule 504.2. Confidentiality of the Mediation Process.

ARTICLE VI. WITNESSES 15

Rule 601. General Rule of Competency.

Rule 602. Lack of Personal Knowledge.

Rule 603. Oath or Affirmation.

Rule 604. Interpreters.

Rule 605. Competency of Judge as Witness.

Rule 606. Competency of Juror as Witness.

Rule 607. Who May Impeach.

Rule 608. Evidence of Character and Conduct of Witness.

Rule 609. Impeachment by Evidence of Conviction of Crime.

Rule 610. Religious Beliefs or Opinions.

Rule 611. Mode and Order of Interrogation and Presentation.

Rule 612. Writing Used to Refresh Memory.

Rule 613. Prior Statements of Witnesses.

Rule 614. Calling and Interrogation of Witnesses by Court.

Rule 615. Exclusion of Witnesses.

ARTICLE VII. OPINIONS AND EXPERT TESTIMONY 6

Rule 701. Opinions Testimony by Lay Witnesses.

Rule 702. Testimony by Experts.

Rule 703. Bases of Opinion Testimony by Experts.

Rule 704. Opinion on Ultimate Issue.

Rule 705. Disclosure of Facts or Data Underlying Expert Opinion.

Rule 706. Court Appointed Experts.

ARTICLE VIII. HEARSAY 8

Rule 801. Definitions.

Rule 802. Hearsay Rule.

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial.

Rule 804. Hearsay Exceptions; Declarant Unavailable.

Rule 804.1. Protection of Child Witnesses.

Rule 805. Hearsay Within Hearsay.

Rule 806. Attacking and Supporting Credibility of Declarant.

Rule 807. Residual Exception.

ARTICLE IX. AUTHENTICATION AND IDENTIFICATION 3

Rule 901. Requirement of Authentication or Identification.

Rule 902. Self-Authentication.

Rule 903. Subscribing Witness’ Testimony Unnecessary.

ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS 8

Rule 1001. Definitions.

Rule 1002. Requirement of Original.

Rule 1003. Admissibility of Duplicates.

Rule 1004. Admissibility of Other Evidence of Contents.

Rule 1005. Public Records.

Rule 1006. Summaries.

Rule 1007. Testimony or Written Admission of Party.

Rule 1008. Functions of Court and Jury.

ARTICLE XI. MISCELLANEOUS RULES 2

Rule 1101. Applicability of Rules.

Rule 1102. Title.

Guam Rules of Evidence


Inside Guam Rules of Evidence