facts involved in the litigation and require the judgment of the court upon the questions of law arising from such agreed statement of facts. The ruling and judgment of the court upon such agreed statement of facts shall be subject to exception like all other rulings of the court. When an agreed statement of facts is entered into by the parties, no other finding of facts need be made by the court. [Enacted 1953.] § 636. Proceedings after determination of issue of law. On a judgment for the plaintiff upon an issue of law he may proceed in the manner prescribed by the first two subdivisions of § 585, upon the failure of the defendant to answer. If the judgment be for the defendant upon an issue of law, and the taking of an account, or the proof of any fact, be necessary to enable the court to complete the judgment, a reference may be ordered, as in that section provided. [Enacted 1953.] CHAPTER V References and Trials by Referees Reference ordered upon agreement of parties, in what cases. § 638. § 639. § 640. Commission to referees. § 638. Reference ordered upon agreement of parties, in what cases. Upon the agreement of the parties, filed with the clerk or entered in the minutes, the Island Court or the District Court may order an action to be referred to one or more referees: 1. To try any or all of the issues in an action or proceeding whether of fact or of law, and to report a finding and judgment thereon; 2. To ascertain a fact necessary to enable the court to determine an action or proceeding. [Enacted 1953.] § 639. Reference ordered on motion, in what cases. When the parties do not consent, the court may, upon the application of either or on its own motion, direct a reference to one or more referees in the following cases: 1. When the trial of an issue of fact requires the examination of a long account on either side; in which case the referee or referees may be directed to hear and decide the whole issue, or report upon any specific question of fact involved therein; 2. When the taking of an account is necessary for the information of the court before judgment, or for carrying a judgment or order into effect; 3. When a question of fact, other than upon the pleadings, arises upon motion or otherwise, in any stage of the action; 4. When it is necessary for the information of the court in a special proceeding. [Enacted 1953.] [See Rule 53, FRCP, re "Masters."] § 640. Commission to referees. When a reference is ordered by the court, the clerk shall issue, under seal of the court, a commission to the referees named, directing them to proceed with the trial of the action and to report the findings of law and fact to the court at or before a time named in the commission, or if no time is named as provided in § 643. [Enacted 1953.] § 640a. Oath of referees. Referees, before commencing the performance of their duty, shall be sworn to a faithful and honest performance thereof, and the fact that they have taken such oath shall be certified to on the commission by the authority administering the oath. The oath shall be administered by the clerk of the court or by the judge of the court having jurisdiction. [Enacted 1953.] § 640b. Trial before referee. Trial may occur at any convenient place within Guam, and the time and place for trial shall be fixed by the referee and reasonable notice shall be given by him to the parties. The referee is hereby authorized to administer oaths to witnesses and the trial before him shall proceed in all respects as though the same had been before the court. [Enacted 1953.] § 641. Objection to referee, grounds of. A party may object to the appointment of any person as referee, on one or more of the following grounds: 1. Consanguinity or affinity, within the third degree, to either party, or to an officer of a corporation which is a party, or to any judge of the court in which the appointment shall be made; 2. Standing in the relation of guardian and ward, master and servant, employer and clerk, or principal and agent, to either party; or being a member of the family of either party; or a partner in business with either party; or security on any bond or obligation for either party; 3. Having been a witness on any trial between the same parties for the same cause of action; 4. Interest on the part of such person in the event of the action, or in the main question invloved in the action; 5. Having formed or expressed an unqualified opinion or belief as to the merits of the action; 6. The existence of a state of mind in such person evincing enmity against or bias to either party. [Enacted 1953.] § 642. Objections, how disposed of. The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections. [Enacted 1953.] § 643. Referees to report within twenty days. The referees or referee must report their findings in writing to the court within twenty (20) days after the testimony is closed and the facts found and conclusions of law must be separately stated therein. [Enacted 1953.] § 643a. Hearing upon the report. Upon the filing of the report or as soon as conveniently may be thereafter, the court shall render judgment in accordance with the report as though the facts had been found by the judge himself, unless the court shall for cause shown set aside the report, or order it to be recommitted to the referee or referees for further findings. [Enacted 1953.] § 644. Effect of referee's finding. The finding of the referee or referees upon the whole issue must stand as the finding of the court, and upon filing of the finding with the clerk of the court, judgment may be entered thereon in the same manner as if the action had been tried by the court. [Enacted 1953.] § 645. How excepted to, etc. The findings of the referee or referees may be excepted to and reviewed in like manner as if made by the court. When the reference is to report the facts, the finding reported has the effect of a special finding of facts only, the final judgment being left to the court. [Enacted 1953.] CHAPTER VI Provisions Relating to Trials in General § 656. New trial defined. § 657. § 658. § 659. § 659a. When a new trial may be granted: irregularity in proceedings; accident or surprise; new evidence; excessive damages; insufficient evidence; error in law; what order must specify. Manner of making application for new trial. New trial; notice of motion, upon whom to be served and what to contain. Time of filing of affidavits and counter-affidavits. Hearing of motion for new trial, reference to pleadings, etc. Hearing has precedence. Hearing; designation of time for oral argument. Notice. § 660. § 661. § 662. Hearing; court's powers. § 663. § 663a. Judgment may be set aside, when. Notice of intention to move for new trial; time for making motion. § 656. New trial defined. A "new trial" is a re-examination of an issue of fact in the same court after a trial and decision by a court or referee. [Enacted 1953.] § 657. When a new trial may be granted: irregularity in proceedings; accident or surprise; new evidence; excessive damages; insufficient evidence; error in law; what order must specify. The finding may be vacated and any other decision may be modified or vacated, in whole or in part, and a new or further trial granted on all or part of the issues, on the application of the party aggrieved, for any of the following causes materially affecting the substantial rights of such parties: 1. Irregularity in the proceedings of the court, or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial; 2. Accident or surprise, which ordinary prudence could not have guarded against; 3. Newly discovered evidence, material for the party making the application, which he could not with reasonable diligence have discovered and produced at the trial; 4. Excessive damages, appearing to have been given under the influence of passion or prejudice; 5. Insufficiency of the evidence to justify the finding or other decision, or that it is against law; 6. Error in law, occurring at the trial and excepted to by the party making the application. When a new trial is granted on all or part of the issues upon the ground of the insufficiency of the evidence to sustain the finding, the order shall so specify; otherwise, on appeal from such order it will be presumed that the order was not based upon that ground. [Enacted 1953.] [EDITOR'S NOTE: See Rule 59, FRCP, re new trial.] § 658. Manner of making application for new trial. When the application is made for a cause mentioned in the first, second, third, and fourth subdivisions of the last section, it must be made upon affidavits; otherwise, it must be made on the minutes of the court. [Enacted 1953.] § 659. New trial; notice of motion, upon whom to be served and what to contain. The party intending to move for a new trial must, either before the entry of judgment or within five (5) days after receiving written notice of the entry of the judgment, file with the clerk and serve upon the adverse party a notice of his intention to move for a new trial, designating the grounds upon which the motion will be made and whether the same will be made upon affidavits or the minutes of the court or both. Said notice shall be deemed to be a motion for a new trial on all the grounds stated in the notice. The time above specified shall not be extended by order or stipulation. [Enacted 1953.] § 659a. Time of filing of affidavits and counter-affidavits. Within five (5) days after serving the notice the moving party shall serve upon all other parties and file any affidavits intended to be used upon such motion. Such other parties shall have five (5) days after such service within which to serve upon the moving party and file counter-affidavits. The time herein specified, except as above provided, may, for good cause shown by affidavit or by written stipulation of the parties, be extended by any judge for an additional period not exceeding ten (10) days. [Enacted 1953.] § 660. Hearing of motion for new trial, reference to pleadings, etc. Hearing has precedence. On the hearing of such motion, reference may be had in all cases to the pleadings and |