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Small Claims Court - Rules - Motion Practice

Calendaring and Service. A motion shall be serve not later than five (5) days before the time set for hearing. The court may allow the non-moving party five (5) or more days to review the motion and file a response to the motion. If the non-moving party waives any response time allowed by the court, the court may hear the matter immediately. If the non-moving party does not waive the response time allowed by the court, then the court shall set the next hearing date not less than five (5) days from that hearing date.

Reply and Supplemental Memorandum. Unless the court otherwise orders, no reply or supplemental memoranda shall be filed,

Further Proceedings on Motion Under Advisement. No motion addressing the lack of a decision may be filed with the court prior to the expiration of fourteen (14) calendar days from the last hearing on a motion.

Proposed Orders

  1. A moving party and each party opposing a motion may prepare, or may be required to prepare by the court, a proposed order for submission to the court. Prior to the commencement of the hearing, the parties should exchange proposed orders and be prepared to discuss the appropriateness of those orders should the court rule from the bench.
  2. In lieu of the proposed order described above, a party may submit a statement containing language which the court could adopt in fashioning its own order.
  3. For the purposes of this rule, a warrant of arrest is an order. (e) Orders. After a hearing the court may require the prevailing party to prepare an order which is consistent with the ruling of the court in that matter. The prevailing party shall expeditiously submit the order to the opposing party for his review and signature who shall then expeditiously return the order to the prevailing party. The order shall then be expeditiously submitted to the court for its final approval, signature and filing. In the event that the parties are unable to agree upon the wording of the order, then a hearing shall be requested by the party required to prepare the order.

Source: Rules of the Superior Court of Guam, Rule 5.
 
 
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