Title 28 — Judiciary and Judicial ProcedureRelease 119-73
§255 Three-judge trials
Title 28 › Part PART I— - ORGANIZATION OF COURTS › Chapter CHAPTER 11— - COURT OF INTERNATIONAL TRADE › § 255
Summary
If a party asks or the chief judge decides, the chief judge must pick three judges to hear a civil case that raises constitutional questions about federal or presidential action, or that affects customs law. Two of the three can decide the case.
Full Legal Text
Title 28, §255
Judiciary and Judicial Procedure — Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 255 was renumbered section 257 of this title.
Amendments
1980—Subsec. (a). Pub. L. 96–417 redesignated the Customs Court as the Court of International Trade.
Statutory Notes and Related Subsidiaries
Effective Date
of 1980 AmendmentAmendment 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
Section effective Oct. 1, 1970, see section 122 of Pub. L. 91–271, set out as a note under section 256 of this title.
Reference
Citations & Metadata
Citation
28 U.S.C. § 255
Title 28 — Judiciary and Judicial Procedure
Last Updated
Apr 6, 2026
Release point: 119-73