§ 420. Definition of pleadings.

§ 421. This Code prescribes the form and rules of pleadings.

§ 422. Pleadings, what allowed.

§ 420. Definition of pleadings. The pleadings are the formal allegations by the parties of their respective claims and defenses for the judgment of the court. [Enacted 1953.]

§ 421. This Code prescribes the form and rules of pleadings. The forms of pleading in civil actions, and the rules by which the sufficiency of the pleadings is to be determined, are those prescribed in this Code. [Enacted 1953.] [EDITOR'S NOTE: District Court of Guam must abide by Federal Rules of Civil Procedure; see 48 USCA § 1424.]

§ 422. Pleadings, what allowed. The only pleadings allowed on the part of the plaintiff are: 1. The complaint;

2. The demurrer to the answer;

3. The demurrer to the cross-complaint; 4. The answer to the cross-complaint.

And on the part of the defendant:

1. The demurrer to the complaint;

2. The answer;

3. The cross-complaint;

4. The demurrer to the answer to the cross-complaint. [Enacted 1953.] [EDITOR'S NOTE: Pleadings under Federal Rules of

Civil Procedure are limited to complaint, answer, reply to counterclaim, answer to cross-claim, third party complaint and answer-see FRCP 7.]

CHAPTER II

Complaint

§ 425. Complaint, first pleading.

§ 426.

§ 426a. § 427.

Complaint, what to contain.

Statement of facts in divorce complaint.

Causes of action which may be united; causes united must belong to one class.

§ 425. Complaint, first pleading. The first pleading on the part of the plaintiff is the complaint. [Enacted 1953.]

§ 426. Complaint, what to contain. The complaint must contain:

1. The title of the action, the name of the court in which the action is brought, and the names of the parties to the action; 2. A statement of the facts constituting the cause of action, in ordinary and concise language;

3. A demand of the relief which the plaintiff claims.

If the recovery of money or damages be demanded, the amount thereof must be stated. [Enacted 1953.] [EDITOR'S NOTE: FRCP 8 requires statement as to court's jurisdiction in complaint.]

§ 426a. Statement of facts in divorce complaint. In an action for divorce, the complaint must set forth, for the statistics required to be collected by the Office of Vital Statistics, among other matters as near as can be ascertained the following facts:

1. The state or country in which the parties were married. 2. The date of marriage.

3. The date of separation.

4. The number of years from marriage to separation.

5. The number of children of the marriage, if any, and if none, a statement of that fact.

6. The ages of the minor children. [Enacted 1953; reference to "Director of Finance" amended to "Office of Vital Statistics" by Editor pursuant to § 9308, Government Code of Guam 1970 edition.]

§ 427. Causes of action which may be united; causes united must belong to one class. The plaintiff may unite several causes of action in the same complaint, where they all arise out of:

1. Contracts, express or implied;

2. Claims to recover specific real property, with or without damages for the withholding thereof, or for waste committed thereon, and the rents and profits of the same;

3. Claims to recover specific personal property, with or without damages for the wihholding thereof;

4. Claims against a trustee by virtue of a contract or by operation of law;

5. Injuries to character;

6. Injuries to person;

7. Injuries to property;

8. Claims arising out of the same transaction, or transactions connected with the same subject of action, and not included within one of the foregoing subdivisions of this section;

9. Any and all claims for injuries arising out of a conspiracy, whether of the same or of different character, or done at the same or different times.

The causes of action so united must all belong to one only of these classes, except as provided in cases of conspiracy, and must affect all the parties to the action, and must be separately stated; but an action for malicious arrest and prosecution, or either of them, may be united with an action for either an injury to character or to the person; provided, however, that in any action brought by the husband and wife to recover damages caused by any injury to the wife, all consequential damages suffered or sustained by the husband alone, including loss of the services of his said wife, money expended and indebtedness incurred by reason of such injury to his said wife, may be alleged and recovered without separately stating such cause of action arising out of such consequential damages suffered or sustained by the husband; provided, further, that causes of action for injuries to person and injuries to property, growing out of the same tort, may be joined in the same complaint, and it is not required that they be stated separately. [Enacted 1953.] [EdiTOR'S NOTE: See FRCP 23 re class actions.]

CHAPTER III

Demurrer to Complaint

§ 430. When defendant may demur.

§ 431.

Demurrer must specify grounds.

§ 432.

§ 433. § 434.

What proceedings are to be had when complaint is amended.
Objection not appearing on complaint, may be taken by answer.
Objections, when deemed waived.

§ 430. When defendant may demur. The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action;

2. That the plaintiff has not legal capacity to sue;

3. That there is another action pending between the same parties for the same cause;

4. That there is a defect or misjoinder of parties plaintiff or defendant;

5. That several causes of action have been improperly united, or not separately stated;

6. That the complaint does not state facts sufficient to constitute a cause of action;

7. That the complaint is ambiguous;

8. That the complaint is unintelligible; or,

9. That the complaint is uncertain. [Enacted 1953.] [EDITOR'S NOTE: Demurrer abolished by FRCP 7(2)(c).]

§ 431. Demurrer must specify grounds. The demurrer must distinctly specify the grounds upon which any of the objections to the complaint are taken. Unless it does so, it may be disregarded. It may be taken to the whole complaint, or to any of the causes of action stated therein, and the defendant may demur and answer at the same time. [Enacted 1953.]

§ 432. What proceedings are to be had when complaint is amended. If the complaint is amended, a copy of the amendments must be filed, or the court may, in its discretion, require the complaint as amended to be filed, and a copy of the amendments or amended complaint must be served upon the defendants affected thereby. The defendant must answer the amendments, or the complaint as amended, within ten (10) days after service thereof, or such other time as the court may direct, and judgment by default may be entered upon failure to answer, as in other cases. [Enacted 1953.]

§ 433. Objection not appearing on complaint, may be taken by answer. When any of the matters enumerated in § 430 do not appear upon the face of the complaint, the objection may be taken by answer. [Enacted 1953.]

§ 434. Objections, when deemed waived. If no objection be taken, either by demurrer or answer, the defendant must be deemed to have waived the same, excepting only the objection to the jurisdiction of the court, and the objection that the complaint does not state facts sufficient to constitute a cause of action. [Enacted 1953.]

CHAPTER IV

Answer

§ 437.
§ 437a.

§ 438.

§ 439.

§ 440.

§ 441.

Contents of answer.

Actions to recover insurance, what defendant claiming exemption must set up.

When counterclaim may be set up.

Counterclaim, when defendant omits to set up.

Compensated demands.

Answer may contain several grounds of defense. Defendant may answer part and demur to part of complaint.

§ 442. Cross-complaint.

§ 437. Contents of answer. The answer of the defendant shall contain:

1. A general or specific denial of the material allegations of the complaint controverted by the defendant.

2. A statement of any new matter constituting a defense or counterclaim.

If the complaint be verified, the denial of the allegation controverted must be made positively, or according to the information and belief of the defendant. If the defendant has no information and belief upon the subject sufficient to enable him to answer an allegation of the complaint, he may so state in his answer, and place his denial on that ground. The denials of the allegations controverted may be stated by reference to specific paragraphs or parts of the complaint; or by express admission of certain allegations of the complaint with a general denial of all the allegations not so admitted; or by denial of certain allegations upon information and belief, or for lack of sufficient information or belief, with a general denial of all allegations not so denied or expressly admitted. If the com