Judicial Proceedings

(a)Petition for Enforcement. Whenever any person fails to comply with any civil investigative demand issued under § 37401, or whenever satisfactory copying or reproduction of any material requested in such demand cannot be done and such person refuses to surrender such material, the Attorney General may file, in the Unified Judiciary of Guam, and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand.

(b)Petition to Modify or Set Aside Demand.

(1)Any person who has received a civil investigative demand issued under § 37401 may file, in the Unified Judiciary of Guam, is found, or transacts business, and serve COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the Unified Judiciary of Guam. Any petition under this item must be filed:

(A)within twenty

(20)days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or

(B)within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.

(2)The petition shall specify each ground upon which the petitioner relies in seeking relief under Item (1), and may be based upon any failure of the demand to comply with the provisions of this Section or upon any constitutional or other legal right or privilege of such person. During the pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside.

(c)Petition to Modify or Set Aside Demand for Product of Discovery.

(1)In the case of any civil investigative demand issued under § 37401, which is an express demand for any product of discovery, the person from whom such discovery was obtained may file, in the Unified Judiciary of Guam, and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand, a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this Subparagraph must be filed: COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT

(A)within twenty

(20)days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or

(B)within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand.

(2)The petition shall specify each ground upon which the petitioner relies in seeking relief under Item (1), and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this Section, or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand.

(d)Petition to Require Performance by Custodian of Duties. At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced, or transcripts of oral testimony given, by any person in compliance with any civil investigative demand issued under § 37401, such person, and in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file, in the Unified Judiciary of Guam, and serve upon such custodian, a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this Section.

(e)Jurisdiction. Whenever any petition is filed in the Unified Judiciary of Guam under this Section, such court shall have jurisdiction to hear and determine the matter so presented, and to enter such order or orders as may be required to carry out the provisions of this Section. Any final order so entered shall be subject to appeal to the Supreme Court of Guam. Any disobedience of any final order entered under this Section by any court shall be punished as a contempt of the court.

(f)Applicability of Federal Rules of Civil Procedure. The Guam Rules of Civil Procedure shall apply to any petition under COL1172018 CH. 36 FALSE CLAIMS AND WHISTLEBLOWER ACT this Subsection, to the extent that such rules are not inconsistent with the provisions of this Section.