§2641 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

In the Court of International Trade, parties and their lawyers must be allowed to present evidence, question and cross‑examine witnesses, and inspect samples and papers under the court’s rules. The Federal Rules of Evidence apply unless section 2639, subsection (b), or the court’s rules say otherwise. The court can order that trade secrets, privileged or confidential commercial or financial information, or information given to the United States by a foreign government or person be shown to a party, a lawyer, or another person on the terms and conditions the court sets.

Title 28, §2641

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)Except as otherwise provided by law, in any civil action in the Court of International Trade, each party and its counsel shall have an opportunity to introduce evidence, to hear and cross-examine the witnesses of the other party, and to inspect all samples and papers admitted or offered as evidence, as prescribed by the rules of the court. Except as provided in section 2639 of this title, subsection (b) of this section, or the rules of the court, the Federal Rules of Evidence shall apply to all civil actions in the Court of International Trade.

(b)The Court of International Trade may order that trade secrets and commercial or financial information which is privileged and confidential, or any information provided to the United States by any foreign government or foreign person, may be disclosed to a party, its counsel, or any other person under such terms and conditions as the court may order.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Evidence, referred to in subsec. (a), are set out in the Appendix to this title.

Prior Provisions

A prior section 2641, act

June 25, 1948, ch. 646, 62 Stat. 982, authorized the Customs Court to assess a penalty of not less than $5 nor more than $250 against any person filing a frivolous protest or appeal, prior to repeal by Pub. L. 91–271, title I, § 121,

June 2, 1970, 84 Stat. 281.

§2641 Witnesses; inspection of documents