§ 254. — Singlejudge trial.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC254]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART I--ORGANIZATION OF COURTS
CHAPTER 11--COURT OF INTERNATIONAL TRADE
Sec. 254. Single-judge trials
Except as otherwise provided in section 255 of this title, 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.
(June 25, 1948, ch. 646, 62 Stat. 900; May 24, 1949, ch. 139, Sec. 66,
63 Stat. 99; Pub. L. 91-271, title I, Sec. 106, June 2, 1970, 84 Stat.
277; Pub. L. 96-417, title V, Sec. 501(4), Oct. 10, 1980, 94 Stat.
1742.)
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., Sec. 296 (Mar. 3, 1911, ch.
231, 187(a), as added Oct. 10, 1940, ch. 843, Sec. 1, 54 Stat. 1101).
This section contains a part of section 296 of title 28, U.S.C.,
1940 ed. Other provisions of such section are incorporated in sections
251, 252, 253, 456, 1581, 2071, 2639, and 2640 of this title.
Words ``when in the opinion of such division or judge the ends of
justice so require,'' which followed the phrase ``grant a rehearing or
retrial,'' were omitted as surplusage.
The term ``chief judge'' was substituted for ``presiding judge.''
(See reviser's note under section 136 of this title.)
The phrase ``petitions for remission of additional duties'' was
added to the first paragraph at the suggestion of the court to conform
to existing practice.
Reappraisement appeals are heard by a single judge and reviewed by a
division. (See sections 2631 and 2636 of this title.)
The provision of section 296 of title 28, U.S.C., 1940 ed., that the
presiding judge shall designate one of the three judges of a division to
preside over such division was omitted as in conflict with section 253
of this title (also taken from section 296 of title 28 U.S.C., 1940
ed.), which provides that judges shall preside according to the
seniority of their commissions. The latter provision is in accord with
present practice.
Changes were made in arrangement and phraseology.
1949 Act
This amendment clarifies section 254 of title 28, U.S.C., by
restoring language of the original law.
Prior Provisions
Provisions similar to those relating to the assignment of judges to
hear and determine cases, and provisions similar to those authorizing
the chief judge to designate judges to hear and determine cases within
the jurisdiction of the United States, formerly contained in this
section, are covered by sections 255 and 256 of this title,
respectively.
Amendments
1980--Pub. L. 96-417 redesignated the Customs Court as the Court of
International Trade.
1970--Pub. L. 91-271 substituted in section catchline ``Single-judge
trials'' for ``Divisions; powers and assignments'' and substituted
provisions in text requiring the judicial power of the Customs Court
with respect to any action, suit, or proceeding to be exercised by a
single judge, for provisions setting forth the powers of the chief judge
of the Customs Court with respect to the organization of such Court into
divisions, and the assignment of judges to hear and determine pending
cases.
1949--Act May 24, 1949, inserted ``to hear or'' before ``to hear and
determine'' in third par.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on 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 a note under section 256 of this title.
