## How the limitation period applies

The controlling primary authority for US-GU class c petty misdemeanor SOL (8 GCA § 10.30) is **8 GCA § 10.30**.

> **8 GCA § 10.30.** A prosecution for any offense which is not a felony shall be commenced within (1) year after it is committed.

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## Sources

- [8 GCA § 10.30 — § 10.30. All Other Non-Felonies - Limitation](https://col.guamcourts.gov/sites/default/files/8gc010.pdf)

All sources are official primary law published by `col.guamcourts.gov`.

**Corroboration method:** live_primary_pdf_fetch_pdftotext_extract.


In Guam, the statute of limitations (often shortened to “SOL”) sets a deadline for the government to file a criminal charge. For conduct charged as a Cl...

Statute of Limitations for Class C / Petty Misdemeanor in Guam

§ 11306. Within Two Years –. (a) An action for assault, battery, false imprisonment, seduction of a person below the age of legal consent, or for injury to, or for the death of, a person caused by the wrongful act or neglect of another, except as provided for in § 11308.

§ 10.30. All Other Non-Felonies - Limitation. A prosecution for any offense which is not a felony shall be commenced within (1) year after it is committed. COMMENT: Section 10.30 continues the substance of former § 801. See also §§ 10.60 (time offense committed); 10.70 (time prosecution commenced).

§ 11303. Within Four Years –.
(a) An action upon any contract, obligation or liability founded upon an instrument in writing.
(b) An action to recover
(1) upon a book account whether consisting of one (1) or more entries;
(2) upon an account stated based upon an account in writing, but the acknowledgment of the account stated need not be in writing;
(3) a balance due upon a mutual, open and current account;
provided, however, that where an account stated is based upon an account of one (1) item, and where an account stated is based upon an account of more than one (1) item, the time shall begin to run from the date of the last item.

03. § 11304. § 11305. § 11306. § 11306.1. § 11307. § 11308. § 11309. § 11310. § 11311. § 11311.1. § 11312. § 11313. § 11314. Periods of Limitations Prescribed. No Limit for Child Sexual Abuse. Within Five Years –. Within Four Years –. Book Account Defined. Within Three Years –. Within Two Years –. Certificates of Merit.

A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred and notice of the charge (including the date, place and circumstances of the alleged unlawful employment practice) shall be served upon the person against whom such charge is made within ten days thereafter, except that in a case of an unlawful employment practice with respect to which the person aggrieved has initially instituted proceedings with a State or local agency with authority to grant or seek relief from such practice or to institute criminal proceedings with respect thereto upon receiving notice thereof, such charge shall be filed by or on behalf of the person aggrieved within three hundred days after the alleged unlawful employment practice occurred, or within thirty days after receiving notice that the State or local agency has terminated the proceedings under the State or local law, whichever is earlier, and a copy of such charge shall be filed by the Commission with the State or local agency.

Civil actions, without exception, can only be commenced within the periods prescribed in this Chapter, after the cause of action shall have accrued, unless where, in special cases, a different limitation is prescribed by law.

(b) A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

§ 11305. Within Three Years –. (a) An action upon a liability created by law, other than a penalty or forfeiture.

§ 11305. Within Three Years –.
(a) An action upon a liability created by law, other than a penalty or forfeiture.
(b) An action for trespass upon or injury to real property.
(c) An action for taking, detaining or injuring any goods, or chattels, including actions for the specific
recovery of personal property.

§ 11305. Within Three Years –.
             (a) An action upon a liability created by law, other than a penalty or forfeiture.
             (b) An action for trespass upon or injury to real property.
            (c) An action for taking, detaining or injuring any goods, or chattels, including actions for the specific
        recovery of personal property.
             (d) An action for relief on the ground of fraud or mistake. The cause of action in such case not to be
        deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or
        mistake.

No entry upon real estate is deemed sufficient or valid as a claim, unless an action be commenced thereupon within one year after making such entry, and within five years from the time when the right to make it descended or accrued.

§ 2725. Breach of Contract Action; Reduction of Limitations; Cause of Action Accrual; Second Action.
(1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it.
(2) A cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach. A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or should have been discovered.
(3) Where an action commenced within the time limited by subdivision (1) is so terminated as to leave available a remedy by another action for the same breach such other action may be commenced after the expiration of the time limited and within six months after the termination of the first action unless the termination resulted from voluntary discontinuance or from dismissal for failure or neglect to prosecute.
(4) This section does not alter the law on tolling of the statute of limitations nor does it apply to causes of action which have accrued before this code becomes effective.

§ 11303. Within Four Years –.
(a) An action upon any contract, obligation or liability founded upon an instrument in writing.

§ 11305(d): An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

A Guam product liability action for personal injury or death must be commenced within 2 years under GCA § 11306(a), which governs actions for injury to or death of a person caused by the wrongful act or neglect of another. Guam has no separate product liability statute with a distinct limitations period. The § 11308 exception applies only to medical malpractice, not product liability.

A civil action for rape or sexual assault against an adult victim in Guam must be commenced within 2 years under GCA § 11306(a), which governs actions for assault, battery, and personal injury caused by the wrongful act or neglect of another. The § 11308 exception applies only to medical malpractice claims. This receipt covers adult victims only; claims involving minors may be subject to different accrual rules and potential tolling.

Under 7 GCA § 11305(c), an action for taking, detaining or injuring any goods or chattels — including actions for the specific recovery of personal property — must be commenced within three years. This is the controlling provision for property damage to personal property claims in Guam.

In Guam, tortious interference with business relations is a common law tort subject to the three-year statute of limitations under 7 GCA § 11305(a) ('An action upon a liability created by law, other than a penalty or forfeiture'). The two-year period in § 11306(a) applies to personal injury torts (assault, battery, death). The catch-all § 11312 (four years) applies only where no other period is prescribed — § 11305(a) covers tortious interference as a liability created by law.

Guam has no insurance-bad-faith-specific statute of limitations; a first-party insurance bad-faith claim — a liability created by law — is governed by the three-year period in 7 GCA § 11305(a) for an action upon a liability created by law other than a penalty or forfeiture.

An FTCA tort claim must be presented in writing to the appropriate federal agency within 2 years after the claim accrues.

Securities fraud is a fraud-based civil claim in Guam; absent a separate Blue Sky limitations provision, it is governed by 7 GCA § 11305's 3-year SOL for actions for relief on the ground of fraud, running from discovery.

Statute of limitations for other professional malpractice in US-GU is 3 years under 7 GCA § 11305.

Statute of limitations for unjust enrichment restitution in US-GU is 4 years under 7 GCA § 11312.

Statute of limitations for debt on a promissory note in US-GU is 4 years under 7 GCA § 11303.

Statute of limitations for enforcement of domestic judgment in US-GU is 5 years under 7 GCA § 11302.

Statute of limitations for wage and hour overtime state law in US-GU is 3 years under 7 GCA § 11305.

Statute of limitations for false arrest false imprisonment in US-GU is 2 years under 7 GCA § 11306.

Statute of limitations for written contract in US-GU is 4 years under 7 GCA § 11303(a).

Statute of limitations for sale of goods in US-GU is 4 years under 13 GCA § 2725.

Statute of limitations for trespass to chattels conversion in US-GU is 3 years under 7 GCA § 11305.

Statute of limitations for section 1983 civil rights claims in US-GU is 2 years under 7 GCA § 11306.

If, when the cause of action accrues against the person, he is out of Guam, the action may be commenced, within the term herein limited, after his return to Guam and if, after the cause of action accrues, he departs from Guam, the time of his absence is not a part of the time limited for the commencement of the action.

An action for relief on the ground of fraud or mistake. The cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

If a person entitled to bring an action, mentioned in Article 3 of this Chapter, be, at the time the cause of action accrued, either: (a) A minor; (b) Insane; or (c) A married woman, and her husband be a necessary party with her in commencing such action; the time of such disability is not a part of the time limited for the commencement of the action.

How the limitation period applies

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