section 255 of this titleExcept as otherwise provided in , 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. 64662 Stat. 900May 24, 1949, ch. 139, § 6663 Stat. 99Pub. L. 91–271, title I, § 10684 Stat. 277Pub. L. 96–417, title V, § 501(4)94 Stat. 1742(, ; , ; , , ; , , .)
Historical and Revision Notes
Act1948
Mar. 3, 1911, ch. 231Oct. 10, 1940, ch. 843, § 154 Stat. 1101Based on title 28, U.S.C., 1940 ed., § 296 (, 187(a), as added , ).
section 296 of title 28This section contains a part of , 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.
section 136 of this titleThe term “chief judge” was substituted for “presiding judge.” (See reviser’s note under .)
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.)
section 296 of title 28section 253 of this titlesection 296 of title 28The provision of , 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 (also taken from 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.
Act1949
section 254 of title 28This amendment clarifies , U.S.C., by restoring language of the original law.
Editorial Notes
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
Pub. L. 96–4171980— redesignated the Customs Court as the Court of International Trade.
Pub. L. 91–2711970— 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 , inserted “to hear or” before “to hear and determine” in third par.
Statutory Notes and Related Subsidiaries
Effective Date of 1980 Amendment
Pub. L. 96–417section 701(a) of Pub. L. 96–417section 251 of this titleAmendment by effective , and applicable with respect to civil actions pending on or commenced on or after such date, see , set out as a note under .
Effective Date of 1970 Amendment
Pub. L. 91–271section 122 of Pub. L. 91–271section 256 of this titleAmendment by effective , see , set out as a note under .