28 USC App: Front Matter
From Title 28-AppendixRULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE
RULES OF THE UNITED STATES COURT OF INTERNATIONAL TRADE
(Effective November 1, 1980, as amended to January 2, 2001)
TITLE I-SCOPE OF RULES-ONE FORM OF ACTION
Rule
1.
Scope of Rules.
2.
One Form of Action.
TITLE II-COMMENCEMENT OF ACTION; AMENDMENT OF SUMMONS; SERVICE OF SUMMONS, PLEADINGS, MOTIONS AND ORDERS
3.
Commencement of Action.
(a)
Commencement.
(b)
Filing Fee.
(c)
Complaint Fee.
(d)
Information Statement.
(e)
Amendment of Summons.
(f)
Notice to Interested Parties.
(g)
Precedence of Action.
(h)
Special Rule for Actions Described in 28 U.S.C. §1581(c).
3.1.
Actions Transferred to the Court of International Trade from a Binational Panel or Committee Pursuant to 19 U.S.C. §1516a(g)(12)(B) or (D).
(a)
Filing of Request for Transfer.
(b)
Notice to Interested Parties.
(c)
Intervention of Right.
(d)
Documents in an Action Transferred Under 19 U.S.C. §1516a(g)(12).
(e)
Pleadings.
(f)
Additional Provisions Governing Judgment Upon an Agency Record.
(g)
Applicability of Other Court Rules.
4.
Service of Summons and Complaint.
(a)
Summons-Service by the Clerk.
(b)
Summons and Complaint-Service by Plaintiff.
(c)
Service.
(d)
Waiver of Service; Duty to Save Costs of Service; Request to Waive.
(e)
Service Upon Individuals Within a Judicial District of the United States.
(f)
Service Upon Individuals in a Foreign Country.
(g)
Service Upon Infants and Incompetent Persons.
(h)
Service Upon Corporations and Associations.
(i)
Service Upon the United States, and its Agencies, Corporations, or Officers.
(j)
Service Upon Foreign State or Local Governments.
(k)
Territorial Limits of Effective Service.
(l)
Proof of Service.
(m)
Time Limit For Service.
4.1
Service Of Other Process.
5.
Service and Filing of Pleadings and Other Papers.
(a)
Service-When Required.
(b)
Service-How Made.
(c)
Service-Numerous Defendants.
(d)
Filing-When Required.
(e)
Filing-How Made.
(f)
Filing of Summons and Complaint by Mail.
(g)
Proof of Service.
(h)
Filings Containing Business Proprietary Information in an Action Described in 28 U.S.C. §1581(c).
6.
Time.
(a)
Computation.
(b)
Extension.
(c)
Additional Time After Service by Mail.
TITLE III-PLEADINGS AND MOTIONS
7.
Pleadings Allowed-Consultation-Oral Argument-Response Time-Show Cause Order-Form of Motions.
(a)
Pleadings.
(b)
Motions-Consultation.
(c)
Oral Argument.
(d)
Time to Respond.
(e)
Order to Show Cause.
(f)
Form of Motions and Other Papers.
(g)
Dispositive Motions Defined.
8.
General Rules of Pleading.
(a)
Claims for Relief.
(b)
New Grounds.
(c)
Defenses-Form of Denials.
(d)
Affirmative Defenses.
(e)
Effect of Failure to Deny.
(f)
Pleading To Be Concise and Direct-Consistency.
(g)
Construction of Pleadings.
9.
Pleading Special Matters.
(a)
Capacity.
(b)
Fraud, Mistake, Condition of the Mind.
(c)
Conditions Precedent.
(d)
Official Document or Act.
(e)
Judgment.
(f)
Time and Place.
(g)
Special Damage.
10.
Form of Pleadings.
(a)
Caption-Names of Parties.
(b)
Paragraphs-Separate Statements.
(c)
Adoption by Reference-Exhibits.
11.
Signing of Pleadings, Motions or Other Papers-Sanctions.
(a)
Signature.
(b)
Representation to Court.
(c)
Sanctions.
(d)
Inapplicability to Discovery.
12.
Defenses and Objections-When and How Presented-By Pleading or Motion-Motion for Judgment on the Pleadings.
(a)
When Presented.
(b)
How Presented.
(c)
Motion for Judgment on the Pleadings.
(d)
Preliminary Hearings.
(e)
Motion for More Definite Statement.
(f)
Motion to Strike.
(g)
Consolidation of Defenses in Motion.
(h)
Waiver or Preservation of Certain Defenses.
13.
Counterclaim and Cross-Claim.
(a)
Counterclaims.
(b)
Counterclaim Exceeding Opposing Claim.
(c)
Counterclaim Against the United States.
(d)
Counterclaim Maturing or Acquired After Pleading.
(e)
Omitted Counterclaim.
(f)
Cross-Claim Against Co-Party.
(g)
Joinder of Additional Parties.
(h)
Separate Trials-Separate Judgments.
(i)
Demand for a Complaint.
14.
Third-Party Practice.
(a)
When Defendant May Bring in Third Party.
(b)
When Plaintiff May Bring in Third Party.
15.
Amended and Supplemental Pleadings.
(a)
Amendments.
(b)
Amendments To Conform to the Evidence.
(c)
Relation Back of Amendments.
(d)
Supplemental Pleadings.
16.
Postassignment Conferences-Scheduling-Management.
(a)
Postassignment Conferences-Objectives.
(b)
Scheduling and Planning.
(c)
Subjects to be Discussed at Postassignment Conferences.
(d)
Final Postassignment Conference.
(e)
Orders.
(f)
Sanctions.
TITLE IV-PARTIES
17.
Parties Plaintiff and Defendant-Capacity.
(a)
Real Party in Interest.
(b)
Capacity To Sue or Be Sued.
(c)
Infants or Incompetent Persons.
18.
Joinder of Claims and Remedies.
(a)
Joinder of Claims.
(b)
Joinder of Remedies.
19.
Joinder of Persons Needed for Just Adjudication.
(a)
Persons To Be Joined if Feasible.
(b)
Determination by Court Whenever Joinder Not Feasible.
(c)
Pleading Reasons for Nonjoinder.
(d)
Exception of Class Actions.
20.
Permissive Joinder of Parties.
(a)
Permissive Joinder.
(b)
Separate Trials.
21.
Misjoinder and Nonjoinder of Parties.
22.
[Reserved.]
23.
Class Actions.
(a)
Prerequisites to a Class Action.
(b)
Class Actions Maintainable.
(c)
Determination by Order Whether Class Action To Be Maintained-Notice-Judgment-Actions Conducted Partially as Class Actions.
(d)
Orders in Conduct of Actions.
(e)
Dismissal or Compromise.
23.1.
Actions Relating to Unincorporated Associations.
24.
Intervention.
(a)
Intervention of Right.
(b)
Permissive Intervention.
(c)
Procedure.
25.
Substitution of Parties.
(a)
Death.
(b)
Incompetency.
(c)
Transfer of Interest.
(d)
Public Officers-Death or Separation From Office.
TITLE V-DEPOSITIONS AND DISCOVERY
26.
General Provisions Governing Discovery; Duty of Disclosure.
(a)
Required Disclosures; Methods to Discover Additional Matter.
(b)
Discovery Scope and Limits.
(c)
Protective Orders.
(d)
Timing and Sequence of Discovery.
(e)
Supplementation of Disclosures and Responses.
(f)
Conference of Parties; Planning for Discovery.
(g)
Signing of Disclosures, Discovery Requests, Responses, and Objections.
(h)
Costs.
27.
Depositions Before Action or Pending Appeal.
(a)
Before Action.
(b)
Pending Appeal.
(c)
Perpetuation by Action.
28.
Persons Before Whom Depositions May Be Taken.
(a)
Within the United States.
(b)
In Foreign Countries.
(c)
Disqualification for Interest.
29.
Stipulations Regarding Discovery Procedure.
30.
Depositions Upon Oral Examination.
(a)
When Depositions May Be Taken; When Leave Required.
(b)
Notice of Examination: General Requirements; Method of Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone.
(c)
Examination and Cross-Examination; Record of Examination; Oath; Objections.
(d)
Schedule and Duration; Motion to Terminate or Limit Examination.
(e)
Review by Witness; Changes; Signing.
(f)
Certification and Filing by Officer; Exhibits; Copies; Notice of Filing.
(g)
Failure to Attend or to Serve Subpoena; Expenses.
31.
Deposition Upon Written Questions.
(a)
Serving Questions; Notice.
(b)
Officer To Take Responses and Prepare Record.
(c)
Notice of Filing.
32.
Use of Depositions in Court Proceedings.
(a)
Use of Depositions.
(b)
Objections to Admissibility.
(c)
Form of Presentation.
(d)
Effect of Errors and Irregularities in Depositions.
33.
Interrogatories to Parties.
(a)
Availability.
(b)
Answers and Objections.
(c)
Scope: Use at Trial.
(d)
Option To Produce Business Records.
34.
Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes.
(a)
Scope.
(b)
Procedure.
(c)
Persons Not Parties.
35.
Physical and Mental Examinations of Persons.
(a)
Order for Examination.
(b)
Report of Examiner.
36.
Requests for Admission.
(a)
Request for Admission.
(b)
Effect of Admission.
37.
Failure To Make Disclosure or Cooperate in Discovery: Sanctions.
(a)
Motion for Order Compelling Disclosure or Discovery.
(b)
Failure To Comply With Order: Sanctions.
(c)
Failure to Disclose; False or Misleading Disclosure; Refusal to Admit.
(d)
Failure of Party To Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Request for Inspection.
(e)
[Abrogated.]
(f)
Failure to Participate in the Framing of a Discovery Plan.
TITLE VI-TRIALS
38.
Jury Trial of Right.
(a)
Right Preserved.
(b)
Demand.
(c)
Demand Specification of Issues.
(d)
Waiver.
39.
Trial by Jury or by the Court.
(a)
By Jury.
(b)
By the Court.
(c)
Advisory Jury and Trial by Consent.
40.
Request for Trial.
(a)
Request.
(b)
Designation.
(c)
Premarking Exhibits.
41.
Dismissal of Actions.
(a)
Voluntary Dismissal-Effect Thereof.
(b)
Involuntary Dismissal-Effect Thereof.
(c)
Dismissal of Counterclaim, Cross-Claim, or Third-Party Claim.
(d)
Costs of Previously Dismissed Action.
42.
Consolidation-Separate Trials.
(a)
Consolidation.
(b)
Separate Trials.
43.
Taking of Testimony.
(a)
Form.
(b)
Affirmation in Lieu of Oath.
(c)
Evidence on Motions.
(d)
Interpreters.
(e)
Documents Specially Admissible.
44.
Proof of Official Record.
(a)
Authentication.
(b)
Lack of Record.
(c)
Other Proof.
44.1.
Determination of Foreign Law.
45.
Subpoena.
(a)
Form; Issuance.
(b)
Service.
(c)
Protection of Persons Subject to Subpoenas.
(d)
Duties in Responding to Subpoena.
(e)
Contempt.
46.
Exceptions Unnecessary.
47.
Jurors.
(a)
Examination of Jurors.
(b)
Peremptory Challenges.
(c)
Excuse.
48.
Number of Jurors-Participation in Verdict.
49.
Special Verdicts and Interrogatories.
(a)
Special Verdicts.
(b)
General Verdict Accompanied by Answer to Interrogatories.
50.
Judgment as a Matter of Law in Actions Tried by Jury; Alternative Motion for New Trial; Conditional Rulings
(a)
Judgment as a Matter of Law.
(b)
Renewal of Motion for Judgment After Trial; Alternative Motion for New Trial.
(c)
Same; Conditional Rulings on Grant of Motion for Judgment as a Matter of Law.
(d)
Same; Denial of Motion for Judgment as a Matter of Law.
51.
Instructions to Jury-Objection.
52.
Findings by the Court; Judgment on Partial Findings.
(a)
Effect.
(b)
Amendment.
(c)
Judgment on Partial Findings.
53.
Masters.
(a)
Appointment and Compensation.
(b)
Reference.
(c)
Powers.
(d)
Proceedings.
(e)
Report.
TITLE VII-JUDGMENT
54.
Judgments.
(a)
Definition-Form.
(b)
Judgment Upon Multiple Claims or Involving Multiple Parties.
(c)
Demand for Judgment.
(d)
Attorney's Fees.
55.
Default.
(a)
Entry.
(b)
Judgment.
(c)
Setting Aside Default.
(d)
Plaintiffs, Counterclaimants, Cross-Claimants.
(e)
Judgment Against the United States.
56.
Summary Judgment.
(a)
For Claimant.
(b)
For Defending Party.
(c)
Motion and Proceedings Thereon.
(d)
Case Not Fully Adjudicated on Motion.
(e)
Form of Affidavits-Further Testimony-Defense Required.
(f)
When Affidavits Are Unavailable.
(g)
Affidavits Made in Bad Faith.
(h)
Annexation of Statement.
56.1.
Judgment Upon an Agency Record for an Action Other Than That Described in 28 U.S.C. §1581(c).
(a)
Motion for Judgment.
(b)
Cross-Motions.
(c)
Briefs.
(d)
Time to Respond.
(e)
Hearing.
(f)
Partial Judgment.
56.2
Judgment upon an Agency Record for an Action Described in 28 U.S.C. §1581(c).
(a)
Proposed Briefing Schedule and Joint Status Report.
(b)
Cross-Motions.
(c)
Briefs.
(d)
Time to Respond.
(e)
Hearing.
(f)
Partial Judgment.
(g)
Voluntary Dismissal-Time Limitation.
57.
Declaratory Judgments.
58.
Entry of Judgments, Decrees or Final Orders.
58.1.
Stipulated Judgment on Agreed Statement of Facts-General Requirements.
59.
New Trials-Rehearings-Amendment of Judgments.
(a)
Grounds.
(b)
Time for Motion.
(c)
Time for Serving Affidavits.
(d)
On Initiative of Court.
(e)
Motion To Alter or Amend a Judgment.
60.
Relief From Judgment or Order.
(a)
Clerical Mistakes.
(b)
Mistakes, Inadvertence, Excusable Neglect-Newly Discovered Evidence-Fraud, Etc.
61.
Harmless Error.
62.
Stay of Proceedings To Enforce a Judgment.
(a)
Automatic Stay-Exceptions-Injunctions.
(b)
Stay on Motion for New Trial or Rehearing, or for Judgment.
(c)
Injunction Pending Appeal.
(d)
Stay Upon Appeal.
(e)
Stay in Favor of the United States or Agency Thereof.
(f)
Stay According to State Law.
(g)
Stay of Judgment as to Multiple Claims or Multiple Parties.
TITLE VIII-PROVISIONAL AND FINAL REMEDIES AND SPECIAL PROCEEDINGS
63.
Contempt.
64.
Seizure of Person or Property.
65.
Injunctions.
(a)
Preliminary Injunction.
(b)
Temporary Restraining Order-Notice-Hearing-Duration.
(c)
Security.
(d)
Form and Scope of Injunction or Restraining Order.
65.1.
Security-Proceedings Against Sureties.
66.
Receivers Appointed by Federal Courts.
67.
Deposit in Court.
67.1.
Deposit in Court Pursuant to Rule 67.
(a)
Order for Deposit-Interest Bearing Account.
(b)
Orders Directing Investment of Funds by Clerk.
68.
Attorney's Fees and Expenses.
(a)
Time for Filing.
(b)
Content of Application.
(c)
Response and Reply.
69.
Execution.
(a)
In General.
(b)
Against Certain Public Officers.
TITLE IX-FILING OF OFFICIAL DOCUMENTS
70.
Documents in an Action Described in 28 U.S.C. §1581(a) or (b).
71.
Documents in an Action Described in 28 U.S.C. §1581(c) or (f).
(a)
Actions Described in 28 U.S.C. §1581(c).
(b)
Alternative Procedure in an Action Described in 28 U.S.C. §1581(c).
(c)
Confidential or Privileged Information in an Action Described in 28 U.S.C. §1581(c).
(d)
Documents in an Action Described in 28 U.S.C. §1581(f).
(e)
Documents Filed-Copies.
(f)
Filing of the Record With the Clerk of the Court-What Constitutes.
72.
Documents in All Other Actions Based Upon the Agency Record.
(a)
Documents Furnished in All Other Actions Based Upon the Agency Record.
(b)
Stipulations.
(c)
Documents Filed-Copies.
73.
Time for Filing Documents-Notice of Filing.
(a)
Time.
(b)
Notice.
TITLE X-ATTORNEYS
74.
Admission to Practice.
(a)
Qualifications.
(b)
Procedure.
(c)
Admission of Foreign Attorneys.
(d)
Pro Hac Vice Applications.
(e)
Disbarment or Other Disciplinary Action.
75.
Practice-Appearance-Substitution of Attorneys-Withdrawal of Attorney-Notification of Changes.
(a)
Practice.
(b)
Appearances.
(c)
Substitution of Attorneys.
(d)
Withdrawal of Attorney.
(e)
Notification of Changes.
76.
Amicus Curiae.
TITLE XI-THE COURT AND CLERK
77.
Sessions of the Court.
(a)
Court Always Open.
(b)
Trials and Proceedings-Orders in Chambers.
(c)
Place of Trials or Hearings.
(d)
Photography, Tape Recording and Broadcasting.
(e)
Assignment and Reassignment of Actions.
(f)
Judge and Court-Defined.
77.1.
Judicial Conference.
(a)
Purpose.
(b)
Composition.
(c)
Registration Fee.
78.
Motion Part.
(a)
Motion Part-Establishment.
(b)
Motion Part-Referral.
(c)
Motion Part-Emergency Matters.
79.
Books and Records Kept by the Clerk and Entries Therein.
(a)
Civil Docket.
(b)
Judgments and Orders.
(c)
Notice of Orders or Judgments.
80.
Papers, Exhibits and Other Material.
(a)
Custody and Control.
(b)
Inspection.
(c)
Withdrawal.
(d)
Return and Removal.
(e)
Reporting of Proceedings.
(f)
Transcript of Proceedings.
(g)
Fees.
81.
Papers Filed-Conformity-Form, Size, Copies.
(a)
Conformity Required.
(b)
Means of Production.
(c)
Caption and Signing.
(d)
Numbering of Pages.
(e)
Designation of Originals.
(f)
Pleadings and Other Papers.
(g)
Status of Action.
(h)
Confidential Information.
(i)
Briefs-Trial and Pretrial Memoranda.
(j)
Content-Moving Party's Brief.
(k)
Content-Respondent's Brief.
(l)
Content-Reply Brief.
(m)
General.
82.
Clerk's Office and Orders by the Clerk.
(a)
Business Hours and Address.
(b)
Motions, Orders and Judgments.
(c)
Clerk-Definition.
(d)
Filing of Papers.
TITLE XII-COURT CALENDARS
83.
Reserve Calendar.
(a)
Reserve Calendar.
(b)
Removal.
(c)
Dismissal for Lack of Prosecution.
(d)
Extension of Time.
84.
Suspension Calendar.
(a)
Suspension Calendar.
(b)
Test Case Defined.
(c)
Motion for Test Case Designation.
(d)
Suspension Criteria.
(e)
Motion for Suspension.
(f)
Time.
(g)
Effect of Suspension.
(h)
Removal From Suspension.
85.
Suspension Disposition Calendar.
(a)
Suspension Disposition Calendar.
(b)
Time-Notice.
(c)
Removal.
(d)
Dismissal for Lack of Prosecution.
(e)
Extension of Time.
86.
[Reserved.]
87.
Forms.
88.
Title.
89.
Effective Date.
(a)
Effective Date of Original Rules.
(b)
Effective Date of Amendments.
(c)
Effective Date of Amendments.
(d)
Effective Date of Amendments.
(e)
Effective Date of Amendments.
(f)
Effective Date of Amendments.
(g)
Effective Date of Amendments.
(h)
Effective Date of Amendments.
(i)
Effective Date of Amendments.
(j)
Effective Date of Amendments.
(k)
Effective Date of Amendments.
(l)
Effective Date of Amendments.
(m)
Effective Date of Amendments.
(n)
Effective Date of Amendment.
(o)
Effective Date of Amendments.
(p)
Effective Date of Amendments.
(q)
Effective Date of Amendments.
(r)
Effective Date of Amendments.
(s)
Effective Date of Amendments.
(t)
Effective Date of Amendments.
(u)
Effective Date of Amendments.