28 U.S.C. § 2646
Retrial or rehearing
After the Court of International Trade has rendered a judgment or order, the court may, upon the motion of a party or upon its own motion, grant a retrial or rehearing, as the case may be. A motion of a party or the court shall be made not later than thirty days after the date of entry of the judgment or order.
Notes of Decisions
Cited in 16
cases, 1981–2014 · leading case: Rhone Poulenc, Inc. v. The United States, 880 F.2d 401 (Fed. Cir. 1989).
Rhone Poulenc, Inc. v. The United States, 880 F.2d 401 (Fed. Cir. 1989). “And, because 28 U.S.C. § 2646 does not apply to a court rule 60(b) motion, no question of statutory time limitation on the exercise of jurisdiction is present.”
Rhone Poulenc, Inc. v. United States, 694 F. Supp. 1579 (Ct. Intl. Trade 1988). “The Court finds that the motion is beyond the 30 day limit of 28 U.S.C. § 2646 (1982) and must be denied for lack of jurisdiction.”
Bio-Rad Labs., Inc. v. United States, 687 F. Supp. 1580 (Ct. Intl. Trade 1988). “The government opposes the motion on the ground that the terms of 28 U.S.C. § 2646 (stating that a motion for a retrial or rehearing shall be made not later than thirty days after entry of the judgment) make this motion untimely.”
United States v. Gold Mountain Coffee, Ltd., 601 F. Supp. 212 (Ct. Intl. Trade 1984). “OPINION AND ORDER RESTANI, Judge: This matter is before the court on plaintiff’s motion, pursuant to 28 U.S.C. § 2646 (1982) and Rule 59 of the Rules of this Court, for rehearing of this court’s opinion and order in this action.”
United States v. Matthews, 580 F. Supp. 2d 1347 (Ct. Intl. Trade 2008). “Defendants have moved for reconsideration of that decision pursuant to 28 U.S.C. § 2646 and USCIT R.59. Defendants’ Motion is denied because the arguments that they make’ do not satisfy the standard for reconsideration.”
NEC Corp. v. U.S. Dep't of Com., 21 Ct. Int'l Trade 198 (Ct. Intl. Trade 1997). “Defendants did not move for a rehearing of the Court's order denying the motion to dismiss, see 28 U.S.C. § 2646 (1994), nor did defendants make application for an interlocutory appeal to the Court of Appeals of the Federal Circuit.”
Roses, Inc. v. United States, 682 F. Supp. 577 (Ct. Intl. Trade 1988). “Plaintiff clearly chose not to submit to the assigned judge the motions to set aside the dismissals, pursuant to 28 U.S.C. § 2646 and USCIT Rules 59 and 60.”
NEC Corp. v. United States, 628 F. Supp. 976 (Ct. Intl. Trade 1986). “WATSON, Judge: Plaintiff NEC Corporation has moved, pursuant to 28 U.S.C. § 2646 and Court of International Trade Rule 59(a), for rehearing and amendment of this court’s judgment of November 19, 1985 dismissing this case.”
Am. Nat'l Fire Ins. v. United States, 2006 CIT 136 (Ct. Intl. Trade 2006). “MEMORANDUM ORDER BARZILAY, Judge: Plaintiff American National Fire Insurance Company (“ANF”) moves pursuant to 28 U.S.C. § 2646 and USCIT Rule 59 to have this court vacate the final judgment for the government in American National Fire Insurance Company v.”
JTEKT Corp. v. United States, 2014 CIT 13 (Ct. Intl. Trade 2014). “Motions for Reconsideration or Relief from Judgment Pursuant to 28 U.S.C. § 2646 and USCIT Rule 59(a)(1)(B), the court may, on a party’s motion or sua sponte, grant rehearing.”
Belwith Int'l, Ltd. v. United States, 2 Ct. Int'l Trade 14 (Ct. Intl. Trade 1981). “The jurisdictional provision governing retrials and rehearings, 28 U.S.C. § 2646 , is quite clear in its terms.”
United States v. Gold Mountain Coffee, Ltd., 9 Ct. Int'l Trade 77 (Ct. Intl. Trade 1985). “Plaintiff now moves, pursuant to 28 U.S.C. § 2646 (1982) and Rules 7, 41(a)(2), and 59 of the Rules of this court, for (1) rehearing of this court’s order of *78 February 15, 1985 in this action; * and (2) for voluntary dismissal without prejudice of this entire action.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.