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28 U.S.C. § 255 — Three-judge trials

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 255 — Three-judge trials

**(a)** Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Court of International Trade shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws. **(b)** A majority of the three judges designated may hear and determine the civil action and all questions pending therein.

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Stable record: federal_law:legal_authorities:record_usc_5292833498261b804d3a64a5
Source file: Laws/federal/codes/united-states-code/title-28/section-255-three-judge-trials--a68eb80e65.md
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Source location: Title 28, Chapter 11, § 255; chapter-011-court-of-international-trade.md

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**(a)** Upon application of any party to a civil action, or upon his own initiative, the chief judge of the Court of International Trade shall designate any three judges of the court to hear and determine any civil action which the chief judge finds: (1) raises an issue of the constitutionality of an Act of Congress, a proclamation of the President or an Executive order; or (2) has broad or significant implications in the administration or interpretation of the customs laws. **(b)** A majority of the three judges designated may hear and determine the civil action and all questions pending therein.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 256 — Trials at ports other than New York

**(a)** The chief judge may designate any judge or judges of the court to proceed, together with necessary assistants, to any port or to any place within the jurisdiction of the United States to preside at a trial or hearing at the port or place. **(b)** Upon application of a party or upon his own initiative, and upon a showing that the interests of economy, efficiency, and justice will be served, the chief judge may issue an order authorizing a judge of the court to preside in an evidentiary hearing in a foreign country whose laws do not prohibit such a hearing: Provided, however, That an interlocutory appeal may be taken from such an order pursuant to the provisions of [section 1292(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1292/d/1&num=0&edition=prelim), and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 257 — Publication of decisions

All decisions of the Court of International Trade shall be preserved and open to inspection. The court shall forward copies of each decision to the Secretary of the Treasury or his designee and to the appropriate customs officer for the district in which the case arose. The Secretary shall publish weekly such decisions as he or the court may designate and abstracts of all other decisions.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 251 — Appointment and number of judges; offices

**(a)** The President shall appoint, by and with the advice and consent of the Senate, nine judges who shall constitute a court of record to be known as the United States Court of International Trade. Not more than five of such judges shall be from the same political party. The court is a court established under article III of the Constitution of the United States. **(b)** The offices of the Court of International Trade shall be located in New York, New York.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1518, 1519 — Repealed. June 25, 1948, ch. 646, § 39, 62 Stat. 992, eff. Sept. 1, 1948

### Statutory Notes Section 1518, acts June 10, 1890, ch. 407, § 12, 26 Stat. 136; May 27, 1908, ch. 205, § 3, 35 Stat. 406; Aug. 5, 1909, ch. 6, § 28, 36 Stat. 98; May 28, 1926, ch. 411, § 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, § 518, 46 Stat. 737, related to the judges of the United States Customs Court: their appointment, salary, retirement, vacancies, and powers; the control of the fiscal affairs and of the clerical force of the court; and the division of the court. See sections 251 to 254, 456, 1581, 2071, 2639, and 2640 of Title 28, Judiciary and Judicial Procedure. Last sentence of section, relating to the transfer of unexpended appropriations for salaries to be available for expenditures for the same purposes, was omitted as executed. Section 1519, act June 17, 1930, ch. 497, title IV, § 519, 46 Stat. 739, related to publication of Customs Court’s decisions. See [section 255 of Title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section255&num=0&edition=prelim), Judiciary and Judicial Procedure.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 254 — Single-judge trials

Except as otherwise provided in [section 255 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section255&num=0&edition=prelim), the judicial power of the Court of International Trade with respect to any action, suit or proceeding shall be exercised by a single judge, who may preside alone and hold a regular or special session of court at the same time other sessions are held by other judges.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 255 — Three-judge trials

Page 104 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 254 This section contains a part of section 296 of title 28, U.S.C., 1940 ed. Other provisions of such section are in- corporated in sections 251, 252, 254, 456, 1581, 2071, 2639, and 2640 of this title. Provision respecting recommendations for appoint- ment, promotions, or otherwise affecting such clerical force, was omitted as unnecessary in view of section 871 of this title. The second paragraph is partly new and conforms with similar provisions of section 136(e) of this title, re- lating to the chief judges of district courts. The term ‘‘chief judge’’ was substituted for ‘‘pre- siding judge.’’ (See Reviser’s Note under section 136 of this title.) Changes were made in phraseology and arrangement. Editorial Notes AMENDMENTS 1996—Pub. L. 104–317 struck out ‘‘; precedence of judges’’ after ‘‘chief judge’’ in section catchline and struck out subsecs. (d) and (e) which read as follows: ‘‘(d) Whenever the chief judge is unable to perform the duties of his office or the office is vacant, his pow- ers and duties shall devolve upon the judge next in precedence who is able to act, until such disability is removed or another chief judge is appointed and duly qualified. ‘‘(e) The chief judge shall have precedence and shall preside at any session which he attends. Other judges shall have precedence and shall preside according to the seniority of their commissions. Judges whose com- missions bear the same date shall have precedence ac- cording to seniority in age.’’ 1980—Subsec. (a). Pub. L. 96–417 redesignated the Cus- toms Court as the Court of International Trade. 1970—Pub. L. 91–271 reorganized existing provisions into lettered subsecs. (a) to (e) and made minor changes in phraseology. 1959—Pub. L.

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