U.S. Code » Title 28 » Part PART V— PROCEDURE › Chapter CHAPTER 121— JURIES; TRIAL BY JURY

28 U.S.C. § 1876

Trial by jury in the Court of International Trade

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(a) In any civil action in the Court of International Trade which is to be tried before a jury, the jury shall be selected in accordance with the provisions of this chapter and under the procedures set forth in the jury selection plan of the district court for the judicial district in which the case is to be tried.(b) Whenever the Court of International Trade conducts a jury trial—(1) the clerk of the district court for the judicial district in which the Court of International Trade is sitting, or an authorized deputy clerk, shall act as clerk of the Court of International Trade for the purposes of selecting and summoning the jury;(2) the qualifications for jurors shall be the same as those established by section 1865(b) of this title for jurors in the district courts of the United States;(3) each party shall be entitled to challenge jurors in accordance with section 1870 of this title; and(4) jurors shall be compensated in accordance with section 1871 of this title.(Added Pub. L. 96–417, title III, § 302(a), Oct. 10, 1980, 94 Stat. 1739.)Statutory Notes and Related SubsidiariesEffective Date

Section applicable with respect to civil actions commenced on or after Nov. 1, 1980, see section 701(b)(1)(C) of Pub. L. 96–417, set out as an Effective Date of 1980 Amendment note under section 251 of this title.

Notes of Decisions
Cited in 7 cases, 1985–2012 · leading case: Washington Int'l Ins. v. United States, 678 F. Supp. 902 (Ct. Intl. Trade 1988).
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Washington Int'l Ins. v. United States, 678 F. Supp. 902 (Ct. Intl. Trade 1988). · cites it 6× “As to the first point, the plaintiff relies on the Customs Courts Act of 1980 provision for jury trials in the Court of International Trade, 28 U.S.C. § 1876 . That statute, however, does not specify either which kinds of actions are entitled to such a trial or which kinds are…”
Washington Int'l Ins. Co. v. The United States, 863 F.2d 877 (Fed. Cir. 1988). · cites it 3× “Whether 28 U.S.C. § 1876 (1982) grants the right to a jury trial in the Court of International Trade.”
Baroque Timber Indus. (Zhongshan) Co., Ltd. v. United States, 2012 CIT 119 (Ct. Intl. Trade 2012). “Title III of the Customs Courts Act of 1980 is titled "Court of International Trade Procedures” and was codified as 28 U.S.C. §§ 1876 , 2631-47. 94 Stat. 1730 -39.”
United States v. Marrapese, 610 F. Supp. 991 (D.R.I. 1985). “It strikes the court as surpassingly strange that Congress would have taken the pains to mandate that a sworn statement of facts was required to pursue such a course, and that a defendant could then elude the sentry at the statutory gates by the simple expedient of having an…”
Halperin Shipping Co., Inc. v. United States, 725 F. Supp. 1259 (Ct. Intl. Trade 1989). “Washington contended it had a statutory right to a jury trial under 28 U.S.C. § 1876 and a constitutional right at common law in the nature of an action in debt.”
Old Repub. Ins. v. United States, 9 Ct. Int'l Trade 190 (Ct. Intl. Trade 1985). “Among these grounds: (1) An alleged deprivation of the right to a trial by jury as guaranteed by the seventh amendment as well as 28 U.S.C. § 1876 (1982); (2) an alleged deprivation of the right to counsel as guaranteed by the due process clause of the fifth amendment; (3) an…”
Washington Int'l Ins. v. United States, 659 F. Supp. 235 (Ct. Intl. Trade 1987). “Furthermore, plaintiff asserts that section 302(a) of the 1980 Act, 28 U.S.C. § 1876 , expressly authorizes the CIT to conduct jury trials.”
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