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28 U.S.C. § 255 — Three-judge trials

submitted 56 years ago by Pub. L. 91-271 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 101 words · no verdicts yet

in plain englishAI-generated · not legal advice

A party can ask, or the chief judge can act alone, to assign three judges to a case. This applies to cases about a law's constitutionality or major customs-law issues. A majority of those three judges can decide the case.

(a) Upon request by any party to a civil case, or on the chief judge's own initiative, the chief judge of the Court of International Trade must assign three judges to hear and decide any civil case the chief judge finds either: (1) raises a question about whether an Act of Congress, a presidential proclamation, or an executive order is constitutional; or (2) has broad or major significance for how customs laws are administered or interpreted. (b) A majority of those three assigned judges — meaning at least two of them — can hear and decide the case and every question in it.
the actual law source: uscode.house.gov ↗public domain
(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.

Source credit: (Added Pub. L. 91–271, title I, § 108, June 2, 1970, 84 Stat. 277; amended Pub. L. 96–417, title V, § 501(5), Oct. 10, 1980, 94 Stat. 1742.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-271 · 84 Stat. 277
  • 1980Amended · Pub. L. 96-417 · 94 Stat. 1742

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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