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28 U.S.C. § 256Trials at ports other than New York

submitted 56 years ago by Pub. L. 91-271 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 145 words · no verdicts yet

in plain englishAI-generated · not legal advice

The chief judge can send judges to hold trials at ports or places within U.S. jurisdiction. A judge may also hold hearings in a foreign country if that country's laws allow it. That kind of order can be appealed to the Federal Circuit.

(a) The chief judge may assign one or more judges of the court, along with any needed assistants, to travel to any port or place within U.S. jurisdiction to preside over a trial or hearing there. (b) If a party asks, or the chief judge acts on his own initiative, and it would serve economy, efficiency, and justice, the chief judge may authorize a judge to preside over an evidentiary hearing in a foreign country — but only if that country's laws don't prohibit it. Such an order can be appealed right away, under section 1292(d)(1) of this title, and the U.S. Court of Appeals for the Federal Circuit may, at its discretion, hear that appeal.
the actual law source: uscode.house.gov ↗public domain
(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, and the United States Court of Appeals for the Federal Circuit may, in its discretion, consider the appeal.

Source credit: (Added Pub. L. 91–271, title I, § 109, June 2, 1970, 84 Stat. 277; amended Pub. L. 97–164, title I, § 107, Apr. 2, 1982, 96 Stat. 28.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-271 · 84 Stat. 277
  • 1982Amended · Pub. L. 97-164 · 96 Stat. 28

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-271 on 1970-06-02.

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