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28 U.S.C. § 254 — Single-judge trials

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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Stable record: federal_law:legal_authorities:record_usc_e6ba62f1af5a27151261d013
Source file: Laws/federal/codes/united-states-code/title-28/section-254-single-judge-trials--adbe40094b.md
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Passage SHA-256: 759e0b34afd33f500277049a2f58b38c6f2f9e2c70b56149fd1819a12a25aeaa

Source location: Title 28, Chapter 11, § 254; chapter-011-court-of-international-trade.md

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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. § 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. § 253 — Duties of chief judge

**(a)** The chief judge of the Court of International Trade, with the approval of the court, shall supervise the fiscal affairs and clerical force of the court; 11 So in original. The semicolon probably should be a period. **(b)** The chief judge shall promulgate dockets. **(c)** The chief judge, under rules of the court, may designate any judge or judges of the court to try any case and, when the circumstances so warrant, reassign the case to another judge or judges.

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

28 U.S.C. § 136 — Chief judges; precedence of district judges

**(a)** (1) In any district having more than one district judge, the chief judge of the district shall be the district judge in regular active service who is senior in commission of those judges who— (A) are sixty-four years of age or under; (B) have served for one year or more as a district judge; and (C) have not served previously as chief judge. (2) (A) In any case in which no district judge meets the qualifications of paragraph (1), the youngest district judge in regular active service who is sixty-five years of age or over and who has served as district judge for one year or more shall act as the chief judge. (B) In any case under subparagraph (A) in which there is no district judge in regular active service who has served as a district judge for one year or more, the district judge 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 in subparagraph (C), the chief judge of the district appointed under paragraph (1) shall serve for a term of seven years and shall serve after expiration of such term until another judge is eligible under paragraph (1) to serve as chief judge of the district. (B) Except as provided in subparagraph (C), a district judge acting as chief judge under subparagraph (A) or (B) of paragraph (2) shall serve until a judge has been appointed who meets the qualifications under paragraph (1). (C) No district judge may serve or act as chief judge of the district after attaining the age of seventy years unless no other district judge is qualified to serve as chief judge of the district under paragraph (1) or is qualified to act as chief judge under paragraph (2). **(b)** The chief judge shall have precedence and pres

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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

28 U.S.C. § 296 — Powers upon designation and assignment

A justice or judge shall discharge, during the period of his designation and assignment, all judicial duties for which he is designated and assigned. He may be required to perform any duty which might be required of a judge of the court or district or circuit to which he is designated and assigned.

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

28 U.S.C. § 254 — Single-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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