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Title 28 — Judiciary and Judicial ProcedureRelease 119-73

§256 Trials at ports other than New York

Title 28 › Part PART I— - ORGANIZATION OF COURTS › Chapter CHAPTER 11— - COURT OF INTERNATIONAL TRADE › § 256

Last updated Apr 6, 2026|Official source

Summary

The chief judge can send any judge, with the needed staff, to a port or any place in the United States where the court has power to run a trial or hearing there. If a party asks or the chief judge decides it is needed, and if it will save money, time, and be fair, the chief judge can allow a judge to hold a hearing to take evidence in another country — but only if that country’s laws allow such a hearing. A party can appeal that order under section 1292(d)(1) of this title, and the United States Court of Appeals for the Federal Circuit may decide whether to hear the appeal.

Full Legal Text

Title 28, §256

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (b). Pub. L. 97–164 substituted “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” for “section 1541(b) of this title, subject to the discretion of the Court of Customs and Patent Appeals as set forth in that section”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1982 AmendmentAmendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.

Effective Date

Pub. L. 91–271, title I, § 122, June 2, 1970, 84 Stat. 281, provided that: “(a) This title [see

Short Title

of 1970 Amendment note set out under section 1 of this title] shall become effective on October 1, 1970, and shall thereafter apply to all actions and proceedings in the Customs Court and the Court of Customs and Patent Appeals except those involving merchandise entered before the

Effective Date

for which trial has commenced by such

Effective Date

. “(b) An appeal for reappraisement timely filed with the Bureau of Customs before the

Effective Date

, but as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. When the judgment or order of the United States Customs Court has become final in this appeal, the papers shall be returned to the appropriate customs officer to decide any remaining matters relating to the entry in accordance with section 500 of the Tariff Act of 1930, as amended [section 1500 of Title 19, Customs Duties]. A protest or summons filed after final decision on an appeal for reappraisement shall not include issues which were raised or could have been raised on the appeal for reappraisement. “(c) A protest timely filed with the Bureau of Customs before the

Effective Date

of enactment of this Act [June 2, 1970], which is disallowed before that date, and as to which trial has not commenced by such date, shall be deemed to have had a summons timely and properly filed under this title. “(d) All other provisions of this Act [see

Short Title

notes set out under section 1 of this title and section 1500 of Title 19] shall apply to appeals and disallowed protests deemed to have had summonses timely and properly filed under this section.”

Reference

Citations & Metadata

Citation

28 U.S.C. § 256

Title 28 — Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73