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28 U.S.C. § 258 — Chief judges; precedence of judges
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The chief judge of the Court of International Trade shall be the judge of the court in regular active service who is senior in commission of those judges who—
(A) are 64 years of age or under;
(B) have served for 1 year or more as a judge of the court; and
(C) have not served previously as chief judge.
(2)
(A) In any case in which no judge of the court meets the qualifications under paragraph (1), the youngest judge in regular active service who is 65 years of age or over and who has served as a judge of the court for 1 year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no judge of the court in regular active service who has served as a judge of the court for 1 year or more, the judge of the court in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.
(3)
(A) Except as provided under subparagraph (C), the chief judge serving under paragraph (1) shall serve for a term of 7 years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge.
(B) Except as provided under subparagraph (C), a judge of the court acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge meets the qualifications under paragraph (1).
(C) No judge of the court may serve or act as chief judge of the court after attaining the age of 70 years unless no other judge is qualified to serve as chief judge under paragraph (1) or is qualified to act as chief judge under paragraph (2).
**(b)** The chief judge shall have precedence and preside at any session of the court which such judge attends. Other judges of the court shall have precedence and p
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Stable record: federal_law:legal_authorities:record_usc_72c1d6fe4cb16ad2d4e46ef6
Source file: Laws/federal/codes/united-states-code/title-28/section-258-chief-judges-precedence-of-judges--c80eeda90e.md
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Source location: Title 28, Chapter 11, § 258; chapter-011-court-of-international-trade.md
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**(a)**
(1) The chief judge of the Court of International Trade shall be the judge of the court in regular active service who is senior in commission of those judges who—
(A) are 64 years of age or under;
(B) have served for 1 year or more as a judge of the court; and
(C) have not served previously as chief judge.
(2)
(A) In any case in which no judge of the court meets the qualifications under paragraph (1), the youngest judge in regular active service who is 65 years of age or over and who has served as a judge of the court for 1 year or more shall act as the chief judge.
(B) In any case under subparagraph (A) in which there is no judge of the court in regular active service who has served as a judge of the court for 1 year or more, the judge of the court in regular active service who is senior in commission and who has not served previously as chief judge shall act as the chief judge.
(3)
(A) Except as provided under subparagraph (C), the chief judge serving under paragraph (1) shall serve for a term of 7 years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge.
(B) Except as provided under subparagraph (C), a judge of the court acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge meets the qualifications under paragraph (1).
(C) No judge of the court may serve or act as chief judge of the court after attaining the age of 70 years unless no other judge is qualified to serve as chief judge under paragraph (1) or is qualified to act as chief judge under paragraph (2).
**(b)** The chief judge shall have precedence and preside at any session of the court which such judge attends. Other judges of the court shall have precedence and preside according to the seniority of their commissions. Judges whose commissions bear the same date shall have precedence according to seniority in age.
**(c)** If the chief judge desires to be relieved of the duties as chief judge while retaining active status as a judge of the court, the chief judge may so certify to the Chief Justice of the United States, and thereafter the chief judge of the court shall be such other judge of the court who is qualified to serve or act as chief judge under subsection (a).
**(d)** If a chief judge is temporarily unable to perform the duties as such, such duties shall be performed by the judge of the court in active service, able and qualified to act, who is next in precedence.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as otherwise specifically provided by statute, a judgment for costs, as enumerated in [section 1920 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1920&num=0&edition=prelim), but not including the fees and expenses of attorneys, may be awarded to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. A judgment for costs when taxed against the United States shall, in an amount established by statute, court rule, or order, be limited to reimbursing in whole or in part the prevailing party for the costs incurred by such party in the litigation.
(2) A judgment for costs, when awarded in favor of the United States in an action brought by the United States, may include an amount equal to the filing fee prescribed under [section 1914(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1914/a&num=0&edition=prelim). The preceding sentence shall not be construed as requiring the United States to pay any filing fee.
**(b)** Unless expressly prohibited by statute, a court may award reasonable fees and expenses of attorneys, in addition to the costs which may be awarded pursuant to subsection (a), to the prevailing party in any civil action brought by or against the United States or any agency or any official of the United States acting in his or her official capacity in any court having jurisdiction of such action. The United States shall be liable for such fees and expenses to the same extent that any other party would be liable under the common law or under the terms of any statute which specifically provides f
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Federal law — U.S. Code and appendices · legal_authorities
Page 106
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 258
1 Section catchline amended by Pub. L. 85–755 without cor-
responding amendment of analysis.
or commenced on or after such date, see section 701(a)
of Pub. L. 96–417, set out as a note under section 251 of
this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–271 effective Oct. 1, 1970,
see section 122 of Pub. L. 91–271, set out as an Effective
Date note under section 256 of this title.
§ 258. Chief judges; precedence of judges
(a)(1) The chief judge of the Court of Inter-
national Trade shall be the judge of the court in
regular active service who is senior in commis-
sion of those judges who—
(A) are 64 years of age or under;
(B) have served for 1 year or more as a judge
of the court; and
(C) have not served previously as chief judge.
(2)(A) In any case in which no judge of the
court meets the qualifications under paragraph
(1), the youngest judge in regular active service
who is 65 years of age or over and who has served
as a judge of the court for 1 year or more shall
act as the chief judge.
(B) In any case under subparagraph (A) in
which there is no judge of the court in regular
active service who has served as a judge of the
court for 1 year or more, the judge of the court
in regular active service who is senior in com-
mission and who has not served previously as
chief judge shall act as the chief judge.
(3)(A) Except as provided under subparagraph
(C), the chief judge serving under paragraph (1)
shall serve for a term of 7 years and shall serve
after expiration of such term until another
judge is eligible under paragraph (1) to serve as
chief judge.
(B) Except as provided under subparagraph (C),
a judge of the court acting as chief judge under
subparagraph (A)
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 258
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