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28 U.S.C. § 1876 — Trial by jury in the Court of International Trade
Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any civil action in the Court of International Trade which is to be tried before a jury, the jury shall be selected in accordance with the provisions of this chapter and under the procedures set forth in the jury selection plan of the district court for the judicial district in which the case is to be tried.
**(b)** Whenever the Court of International Trade conducts a jury trial—
(1) the clerk of the district court for the judicial district in which the Court of International Trade is sitting, or an authorized deputy clerk, shall act as clerk of the Court of International Trade for the purposes of selecting and summoning the jury;
(2) the qualifications for jurors shall be the same as those established by [section 1865(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1865/b&num=0&edition=prelim) for jurors in the district courts of the United States;
(3) each party shall be entitled to challenge jurors in accordance with [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1870&num=0&edition=prelim); and
(4) jurors shall be compensated in accordance with [section 1871 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1871&num=0&edition=prelim).
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Source file: Laws/federal/codes/united-states-code/title-28/section-1876-trial-by-jury-in-the-court-of-international-trade--4e6d431f9d.md
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Source location: Title 28, Chapter 121, § 1876; chapter-121-juries-trial-by-jury.md
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**(a)** In any civil action in the Court of International Trade which is to be tried before a jury, the jury shall be selected in accordance with the provisions of this chapter and under the procedures set forth in the jury selection plan of the district court for the judicial district in which the case is to be tried.
**(b)** Whenever the Court of International Trade conducts a jury trial—
(1) the clerk of the district court for the judicial district in which the Court of International Trade is sitting, or an authorized deputy clerk, shall act as clerk of the Court of International Trade for the purposes of selecting and summoning the jury;
(2) the qualifications for jurors shall be the same as those established by [section 1865(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1865/b&num=0&edition=prelim) for jurors in the district courts of the United States;
(3) each party shall be entitled to challenge jurors in accordance with [section 1870 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1870&num=0&edition=prelim); and
(4) jurors shall be compensated in accordance with [section 1871 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1871&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
In civil cases, each party shall be entitled to three peremptory challenges. Several defendants or several plaintiffs may be considered as a single party for the purposes of making challenges, or the court may allow additional peremptory challenges and permit them to be exercised separately or jointly.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Grand and petit jurors in district courts appearing pursuant to this chapter shall be paid the fees and allowances provided by this section. The requisite fees and allowances shall be disbursed on the certificate of the clerk of court in accordance with the procedure established by the Director of the Administrative Office of the United States Courts. Attendance fees for extended service under subsection (b) of this section shall be certified by the clerk only upon the order of a district judge.
**(b)**
(1) A juror shall be paid an attendance fee of $50 per day for actual attendance at the place of trial or hearing. A juror shall also be paid the attendance fee for the time necessarily occupied in going to and returning from such place at the beginning and end of such service or at any time during such service.
(2) A petit juror required to attend more than ten days in hearing one case may be paid, in the discretion of the trial judge, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of ten days on which he is required to hear such case.
(3) A grand juror required to attend more than forty-five days of actual service may be paid, in the discretion of the district judge in charge of the particular grand jury, an additional fee, not exceeding $10 more than the attendance fee, for each day in excess of forty-five days of actual service.
(4) A grand or petit juror required to attend more than ten days of actual service may be paid, in the discretion of the judge, the appropriate fees at the end of the first ten days and at the end of every ten days of service thereafter.
(5) Certification of additional attendance fees may be ordered by the judge to be made effective commencing on the first day of extended service, witho
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Page 480
TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE
§ 1876
costs only if the court finds that the action is
frivolous, vexatious, or brought in bad faith.
(Added Pub. L. 95–572, § 6(a)(1), Nov. 2, 1978, 92
Stat. 2456; amended Pub. L. 97–463, § 1, Jan. 12,
1983, 96 Stat. 2531; Pub. L. 110–406, § 19, Oct. 13,
2008, 122 Stat. 4295.)
Editorial Notes
AMENDMENTS
2008—Subsec. (b)(3). Pub. L. 110–406 substituted ‘‘$5,000
for each violation as to each employee, and may be or-
dered to perform community service.’’ for ‘‘$1,000 for
each violation as to each employee.’’
1983—Subsec. (d)(1). Pub. L. 97–463, § 1(1), substituted
designation ‘‘(d)(1)’’ for ‘‘(d)’’ before ‘‘An individual
claiming’’.
Subsec. (d)(2). Pub. L. 97–463, § 1(2), inserted provision
empowering the court to tax a defendant employer, as
costs payable to the court, the attorney fees and ex-
penses incurred on behalf of a prevailing employee,
where such costs were expended by the court pursuant
to par. (1) of this subsection and, in existing provisions,
substituted ‘‘only if the court finds that the action is
frivolous’’ for ‘‘if the court determines that the action
is frivolous’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable with respect to any grand or petit
juror summoned for service or actually serving on or
after Nov. 2, 1978, see section 7(a) of Pub. L. 95–572, set
out as a note under section 1363 of this title.
§ 1876. Trial by jury in the Court of International
Trade
(a) In any civil action in the Court of Inter-
national Trade which is to be tried before a jury,
the jury shall be selected in accordance with the
provisions of this chapter and under the proce-
dures set forth in the jury selection plan of the
district court for the judicial district i
Source: Supplied 2024 U.S. Code historical extraction · 28 U.S.C. § 1876
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