28 U.S.C. § 2645: Decisions

Summary

A final decision by the Court of International Trade must explain why the court decided what it did. The court must either list its factual findings and legal conclusions or write an opinion that states the facts and reasons for the decision. The same applies to decisions that grant or deny a preliminary injunction. After judgment, the court may change or add to its findings and alter the decision. A party or the court must ask for those changes within 30 days after the judgment. A decision is final unless a retrial or rehearing is allowed under section 2646 or a party appeals to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the court clerk in the same time and way used for appeals from U.S. district courts.

Title 28, §2645

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)A final decision of the Court of International Trade in a contested civil action or a decision granting or refusing a preliminary injunction shall be supported by—

(1)a statement of findings of fact and conclusions of law; or

(2)an opinion stating the reasons and facts upon which the decision is based.

(b)After the Court of International Trade has rendered a judgment, the court may, upon the motion of a party or upon its own motion, amend its findings or make additional findings and may amend the decision and judgment accordingly. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment.

(c)A decision of the Court of International Trade is final and conclusive, unless a retrial or rehearing is granted pursuant to section 2646 of this title or an appeal is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of International Trade within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1982—Subsec. (c). Pub. L. 97–164 substituted “is taken to the Court of Appeals for the Federal Circuit by filing a notice of appeal with the clerk of the Court of International Trade within the time and in the manner prescribed for appeals to United States courts of appeals from the United States district courts” for “is taken to the Court of Customs and Patent Appeals within the time and in the manner provided in section 2601 of this title”.

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.

§2645 Decisions