28 USC § 255 - Three-judge trials

---
identifier: "/us/usc/t28/s255"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 255 - Three-judge trials"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "255"
section_name: "Three-judge trials"
chapter_number: 11
chapter_name: "COURT OF INTERNATIONAL TRADE"
part_number: "I"
part_name: "ORGANIZATION OF COURTS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 91–271, title I, § 108, June 2, 1970, 84 Stat. 277; amended Pub. L. 96–417, title V, § 501(5), Oct. 10, 1980, 94 Stat. 1742.)"
---


# § 255. Three-judge trials

**(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.

---

**Source Credit**: (Added Pub. L. 91–271, title I, § 108, June 2, 1970, 84 Stat. 277; amended Pub. L. 96–417, title V, § 501(5), Oct. 10, 1980, 94 Stat. 1742.)

## Editorial Notes

### Prior Provisions

A prior section 255 was renumbered .

### Amendments

1980—Subsec. (a).  redesignated the Customs Court as the Court of International Trade.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1980 Amendment

Amendment by  effective , and applicable with respect to civil actions pending on or commenced on or after such date, see , set out as a note under .

### Effective Date

Section effective , see , set out as a note under .