HAGÅTÑA (The Guam Daily Post) — A new bill aims to ensure off-island witnesses appear in court.
On July 27, Sen. William Parkinson introduced Bill 155-37, also known as the Uniform Attendance of Out-of-State Witnesses Act.
In a press release issued this week, Parkinson said the measure will “address challenges faced by litigants and courts when obtaining the testimony of witnesses residing outside of Guam’s jurisdiction.”
Parkinson said Bill 155 would effectively help keep Guam in line with the 50 states, the District of Columbia and the U.S. Virgin Islands, which have adopted the act, which was first developed in 1936 to “streamline” the process of ensuring witness attendance to “promote justice and strengthen the integrity of our legal system.”
According to the measure, the judge presiding over a case will determine whether the witness is material and necessary before issuing a summons for the person to appear for a fixed time. The witness will be compensated 10 cents for each mile needed to travel to court, and five dollars each day required to travel and attend as a witness.
Bill 155 also establishes that witnesses from Guam can be subject to summonses to testify in other states.
Parkinson said in his release that videoconferencing and teleconferencing will be encouraged to facilitate the participation of out-of-state witnesses in legal proceedings to testify remotely, and that the enforceability of subpoenas will be strengthened.
“At the heart of this act lies the incorporation of modern communication technologies. By embracing videoconferencing and teleconferencing options, the legislation allows for remote testimonies of out-of-state witnesses. This provision will not only expedite legal proceedings, but also alleviate the burden on witnesses, reducing travel costs and personal inconvenience,” Parkinson said. “This certainty ensures that justice is not impeded by jurisdictional boundaries and enhances fairness of our legal system.”
Parkinson said the Uniform Attendance of Out-of-State Witnesses Act is a well-crafted and thoughtful approach to addressing the challenges faced when securing the testimony of witnesses residing outside of Guam.
The Guam Judicial Center is seen Sunday, July 16, 2023, in Hagåtña.
William Parkinson
