Discovery refers to the pre-trial phase in case where both Guam attorneys may attempt to gather evidence that they can present to a trial judge.  From there the trial judge determines if the evidence is admissible or inadmissible.  This is carried out under the law of civil procedure.  During the discovery process, each party can attempt to obtain evidence from the opposing party by using difference forms or discovery devices.  These devices can include:

  • requests for answers to interrogatories
  • requests for the other side to produce documents
  • requests for admission
  • requests for deposition

When a person is not a party in the trial, then requests for information from them is obtained via a subpoena.  In the case that the opposing party rejects a request for information, the requesting party may then file a motion to compel discovery.

Example

During a Guam Estate planning, one next of kin felt that they were not fairly represented.  Because of this, they hire a lawyer and start a lawsuit after the death of their father.  The lawyer for the client must now gather evidence to support the case of his client.  He subpoenas the Guam estate planning lawyer to produce the documents of the estate planning.  He also requests a deposition from the brother named in the lawsuit