Counsel debate whether clerk must screen files before entering default under Guam Rule 55
At oral argument in CVA25-015, appellant urged that clerks should not enter default when the record shows active litigation and suggested referral to chambers for close calls; appellee said Rule 55's plain language constrains clerks and the trial judge retains discretion.
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A key dispute at oral argument was the proper role of the superior court clerk when faced with a request for an entry of default. Appellant counsel Braddock J. Huseman argued the clerk "should contact Chambers and seek Chambers' advice" when there is any question whether a defendant is "otherwise defending," saying clerks have a duty beyond perfunctory ministerial steps. He warned that failing to refer close calls produced the present posture where an entry of default followed years of active litigation.
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