the party pleading must establish, on the trial, the facts showing such performance. [Enacted 1953.]

§ 458. Statute of limitations, how pleaded. In pleading the statute of limitations it is not necessary to state the facts showing the defense, but it may be stated generally that the cause of action is barred by the provisions of section.... (giving the number of the section and subdivision thereof, if it is so divided, relied upon) of the Civil Code or Code of Civil Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred. [Enacted 1953.]

§ 459. Private laws, how pleaded. In pleading a private law, or an order and regulation of the Governor of Guam, or an Executive Order, or a right derived therefrom, it is sufficient to refer to such law, regulation, or order with sufficient accuracy as to identify it. In pleading the performance of conditions precedent under a law, regulation, and order of the Governor of Guam, or of a right derived therefrom, it is not necessary to state the facts showing the performance, but it may be stated generally that the party duly performed all the conditions on his part required thereby; if such allegations be controverted, the party pleading must establish, on the trial, the facts showing such performance. [Enacted 1953.]

§ 460. Libel and slander, how stated in complaint; not necessary to allege or prove special damages. In an action for libel or slander, it is not necessary to state in the complaint any extrinsic facts for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose; but it is sufficient to state generally that the same was published or spoken concerning the plaintiff; and if such allegation be controverted, the plaintiff must establish, on the trial, that it was so published or spoken. [Enacted 1953.]

§ 461. Answer in such cases. In the actions mentioned in the last section the defendant may, in his answer, allege both the truth of the matter charged as defamatory and any mitigating circumstances, to reduce the amount of damages, and whether he proves the justification or not, he may give in evidence the mitigating circumstances. [Enacted 1953.]

§ 462. Allegations not denied, when to be deemed true; when to be deemed controverted. Every material allegation of the complaint, not controverted by the answer, must, for the purpose of the action, be taken as true; the statement of any new matter in the answer, in avoidance or constituting a defense or counterclaim, must on the trial be deemed controverted by the opposite party. [Enacted 1953.]

§ 463. A material allegation defined. A "material allegation" in a pleading is one essential to the claim or defense, and which could not be stricken from the pleading without leaving it insufficient. [Enacted 1953.]

§ 464. Supplemental complaint and answer. The plaintiff and the defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. [Enacted 1953.]

§ 465. Filing and service of pleadings. All pleadings subsequent to the complaint must be filed with the clerk, and copies thereof served upon the adverse party or his attorney. [Enacted 1953.]

Pleading may be amended; time for application; action to recover personal property.

§ 472.

§ 473.

§ 474.

Suing a party by a fictitious name, when allowed.

§ 475.

Errors and defects and reversal of judgment.

§ 476. Time to answer after demurrer.

§ 469. Variance. No variance between the allegation in a pleading and the proof is to be deemed material, unless it has actually misled the adverse party to his prejudice in maintaining his action or defense upon the merits. Whenever it appears that a party has been so misled, the court may order the pleading to be amended, upon such terms as may be just. [Enacted 1953.]

§ 470. Immaterial variance, how provided for. Where the variance is not material, as provided in the last section, the court may so find according to the evidence, or may order an immediate amendment, without costs. [Enacted 1953.]

§ 471. What not to be deemed a variance. Where, however, the allegation of the claim or defense to which the proof is directed is unproved, not in some particular or particulars only, but in its general scope and meaning, it is not to be deemed a case of variance, within the last two sections, but a failure of proof. [Enacted 1953.]

§ 472. Amendments. Any pleading may be amended once by the party of course, and without costs, at any time before the answer or demurrer is filed, or after demurrer and before the trial of the issue of law thereon, by filing the same as amended and serving a copy on the adverse party, who may have ten (10) days thereafter in which to answer or demur to the amended pleading. A demurrer is not waived by filing an answer at the same time; and when the demurrer to a complaint is overruled and there is no answer filed, the court may upon such terms as may be just allow an answer to be filed. If a demurrer to the answer be overruled, the facts alleged in the answer must be considered as denied, to the extent mentioned in § 462. [Enacted 1953.] [EDITOR'S NOTE: Demurrers abolished by FRCP 7(2) (c); see FRCP 15 re amended and supplemental pleadings.]

§ 473. Pleading may be amended; time for application; action to recover personal property. The court may in furtherance of justice and on such terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon such terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this Code; and may, also, upon such terms as may be just, relieve a party or his legal representative from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable

neglect, provided, that application therefor be made within a reasonable time, but in no case exceeding one month after such judgment, order, or proceeding was taken; and provided further, that said application must be accompanied with a copy of the answer, or other pleading proposed to be filed therein, otherwise said application shall not be granted. When from any cause the summons in an action has not been personally served on the defendant, the court may allow, on such terms as may be just, such defendant or his legal representative, at any time within three (3) months after the rendition of any judgment in such action, to answer to the merits of the original action. When, in an action to recover the possession of personal property, the person making any affidavit did not truly state the value of the property, and the officer taking the property, or the sureties on any bond or undertaking, is sued for taking the same, the officer or sureties may, in their answer, set up the true value of the property, and that the person in whose behalf said affidavit was made was entitled to the possession of the same when said affidavit was made, or that the value in the affidavit stated was inserted by mistake, the court shall disregard the value as stated in the affidavit and give judgment according to the right of possession of said property at the time the affidavit was made. [Enacted 1953.]

§ 474. Suing a party by a fictitious name, when allowed. When the plaintiff is ignorant of the name of a defendant, he must state that fact in the complaint, and such defendant may be designated in any pleading or proceeding by any name, and when his true name is discovered, the pleading or proceeding must be amended accordingly. [Enacted 1953.]

§ 475. Errors and defects and reversal of judgment. The court must, in every stage of an action, disregard any error, improper ruling, instruction, or defect, in the pleadings or proceedings which, in the opinion of said court, does not affect the substantial rights of the parties. No judgment, decision, or decree shall be reversed or affected by reason of any error, ruling, instruction, or defect, unless it shall appear from the record that such error, ruling, instruction, or defect was prejudicial, and also that by reason of such error, ruling, instruction, or defect, the said party complaining or appealing sustained and suffered substantial injury, and that a different result would have been probable if such error, ruling, instruction, or defect had not occurred or existed. There shall be no presumption that

error is prejudicial, or that injury was done if error is shown. [Enacted 1953.]

§ 476. Time to answer after demurrer. When a demurrer to any pleading is sustained or overruled, and time to amend or answer is given, the time so given runs from the service of notice of the decision or order. [Enacted 1953.] [EDITOR'S NOTE: Demur action abolished by FRCP 7(2) (c).]

TITLE VII

Provisional Remedies in Civil Actions

Chapter I. Arrest and Bail.

II. Claim and Delivery of Personal Property.

§ 478. No person to be arrested except as prescribed by this Code.

§ 484.

Affidavit and order to be delivered to the Director of Public Safety, and copy to defendant.

§ 498. Payment of money into court by Director of Public Safety.

§ 499. Substituting bail for deposit.