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Pro Se. Parties filing or defending a claim in the Small Claims Division need not hire an attorney and are encouraged to appear on their on behalf. However, if one party is represented by an attorney then the other party shall be given an opportunity to obtain an attorney. The court shall have the discretion to set time limitations for a party to hire an attorney. The parties shall have the right to offer evidence in their behalf by witnesses. The court may also informally make any investigation of the controversy between the parties. The court may give judgment and make such orders as to time of payment or otherwise as may, by him, be deemed to be right and just and, in an action against several defendants, may, in his discretion, give judgment against one or more of them, leaving the action to proceed against the others, whenever a separate judgment is proper.
Attorney's Fees. No attorney's fee may be awarded in Small Claims cases unless expressly authorized by statute or in contract cases as stated in the contract, and only at the discretion of the court.
Representation by Persons who are not Attorney's. Representation by persons who are not attorney's will be subject to the following provisions:
- A bona fide full time employee, officer or director of a corporation may represent such corporation in Small Claims court.
- Persons who are not attorneys and are not subject to subsection (1) above shall not represent or advise any other person in Small Claims court.
- No claim shall be filed or presented by the assignee of such claim, unless the assignee is an attorney admitted to practice law in Guam and the assignor is not a resident of Guam.
Source: Public Law 20-28:1 (e); 7 G.C.A., §9215 (b) (3) and (c) (13); Guam Rules of Civil Procedure, Rule 92 (e) and (f). |