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(a) For Claimant.

(b) For Defending Party.

Stipulated Judgment on Agreed Statement of Facts-General Requirements.

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 Judg

ment.

Relief From Judgment or Order.

(a) Clerical Mistakes.

(b) Mistakes, Inadvertence,

Excusable Evi

Neglect-Newly Discovered dence-Fraud, Etc.

Harmless Error.

Stay of Proceedings To Enforce a Judgment. (a) Automatic Stay-Exception-Injunc

tions.

(b) Stay on Motion for New Trial 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

Contempt.

Seizure of Person or Property.
Injunctions.

(a) Preliminary Injunction.

(b) Temporary Restraining Order

Notice-Hearing-Duration.

(c) Security.

(d) Form and Scope of Injunction or Re-
straining Order.

Security-Proceedings Against Sureties.
Receivers Appointed by Federal Courts.
Deposit in Court.

Reserved.

Execution.

(a) In General.

(b) Against Certain Public Officers.

TITLE IX-FILING OF OFFICIAL DOCUMENTS
Documents in an Action Described in 28
U.S.C. 1581(a) or (b).

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. Documents in All Other Actions Based Upon the Agency Record.

(a) Documents Furnished in All Other Actions Based Upon the Agency Record.

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INTERNATIONAL TRADE

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(b) Appearances.

(c) Substitution of Attorneys.

(d) Withdrawal of Attorney.

(e) Notification of Changes.

Amicus Curiae.

TITLE XI-THE COURT AND CLERK

Sessions of the Court.

(a) Court Always Open.

(b) Trials and Proceedings--Orders in Chambers.

(c) Place of Trials or Hearings.

(d) Assignment and Reassignment of Actions.

(e) Judge and Court-Defined. Motion Part.

(a) Motion Part-Establishment.
(b) Motion Part-Referral.

(c) Motion Part-Emergency Matters. Books and Records Kept by the Clerk and Entries Therein.

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81.

Papers

Copies.

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Size,

(h) Briefs-Trial and Pretrial Memoran

da.

(i) Content-Plaintiff's Brief.

(j) Content-Defendant's Brief. (k) Content-Reply Brief.

(1) General.

Clerk's Office and Orders by the Clerk. (a) Business Hours and Address.

(b) Orders Signed by the Clerk.
(c) Clerk-Definition.

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85.

86.

(f) Effect of Suspension.

(g) Removal From Suspension. Suspension Disposition Calendar.

(a) Suspension Disposition Calendar. (b) Time-Notice.

(c) Removal From Calendar.

(d) Dismissal for Lack of Prosecution. Joined Issue Calendar.

(a) Joined Issue Calendar.

(b) Dismissal.

(c) Notice.

APPENDIX OF FORMS

TITLE I-SCOPE OF RULES-ONE FORM OF ACTION

Rule 1. Scope and Effective Date of Rules

(a) Scope. These rules govern the procedure in the United States Court of International Trade. They shall be construed to secure the just, speedy, and inexpensive determination of every action. When a procedural question arises which is not covered by these rules, the court may prescribe the procedure to be followed in any manner not inconsistent with these rules. The court may refer for guidance to the rules of other courts. The rules shall not be construed to extend or limit the jurisdiction of the court.

(b) Effective Date. These rules shall take effect on November 1, 1980, the effective date of the Customs Courts Act of 1980. They govern all proceedings in actions commenced thereafter and then pending, except to the extent that in the opinion of the court their application in a particular action pending when the rules take effect would not be feasible or would work an injustice, in which event the former procedure applies. However, when a party is required or has been requested prior to the effective date of these rules to perform an act, pursuant to the rules of the United States Customs Court in effect prior to the effective date of these rules, the act may still be performed in accordance with the rules in effect prior to the effective date of these rules.

Rule 2. One Form of Action

There shall be one form of action to be known as a "civil action." 1

'Designation of Certain Pre-October 1, 1970 Actions. The following designations shall apply to actions arising prior to October 1, 1970: (1) Appeal for Reappraisement: An action arising pursuant to section 501 or 516(a) of the Tariff Act of 1930 [19 U.S.C. 1501 or 1516], as effective prior to October 1, 1970, and forwarded to the court pursuant to section 501 or 516(c) of said Act, shall be known as an appeal for reappraisement. (2) Protest: An action arising pursuant to section 514 or 516(b) of the Tariff Act of 1930 [19 U.S.C. 1514 or 15161, as effective prior to October 1, 1970, and forwarded to the court pursuant to section 515 or 516(c) of that Act [19 U.S.C. 1515 or 1516] shall be known as a protest.

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TITLE II-COMMENCEMENT OF ACTION; AMENDMENT OF SUMMONS; SERVICE OF SUMMONS, PLEADINGS, MOTIONS, AND ORDERS

Rule 3. Commencement of Action

(a) Commencement. A civil action is commenced by filing concurrently with the clerk of the court a summons and complaint except that the following civil actions are commenced by filing a summons only:

(1) An action described in 28 U.S.C. § 1581(a) or (b).

(2) An action described in 28 U.S.C. § 1581(c) to contest a determination listed in section 516A(a)(2) of the Tariff Act of 1930.1

(b) Filing Fee-Information Statement. When an action is commenced, a $50 filing fee shall be paid to the clerk of the court and a completed Information Statement shall be filed, except that a $10 filing fee shall be paid when the action is one described in 28 U.S.C. § 1581(a) or (b).

(c) Complaint Fee. When a complaint is filed in an action described in 28 U.S.C. § 1581(a) or (b), a $25 fee shall be paid to the clerk of the court.

(d) Amendment of Summons. The court may allow a summons to be amended at any time, in its discretion and upon such terms as it deems just, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the amendment is allowed.

(e) Notice to Interested Parties. In an action described in 28 U.S.C. § 1581(c), the plaintiff, as provided in section 516A(d) of the Tariff Act of 1930, shall notify every interested party who was a party to the administrative proceeding of the commencement of the action, by mailing a copy of the summons at the time the action is commenced, or promptly thereafter, by certified or registered mail, return receipt requested, to each such party at the address last known in the administrative proceeding.

PRACTICE COMMENT

For the appropriate summons form and number of copies to be filed, refer to Forms 1 to 4 of the Appendix of Forms. Information Statement forms, as shown in Form 5, are available upon request from the office of the clerk.

As prescribed by Rule 5(e), a summons or a summons and complaint may be filed by delivery or by mailing. The filing is completed when received, except that when the method of mailing prescribed by Rule 5(g) is used, the summons or summons and complaint are deemed filed as of the date of mailing.

To provide information to assist a judge in determining whether there is reason for disqualification upon the grounds of a financial interest, under 28 U.S.C. § 455, a completed "Disclosure Statement" form, available upon request from the office of the clerk, must be filed by certain corporations, trade associations, and others appearing as parties, intervenors, or amicus curiae. A copy of the "Disclosure Statement" form is shown in Form 13 of the Appendix of Forms.

Internal inconsistencies exist within the provisions of the Customs Courts Act of 1980 with respect to the

'As provided in section 516A(a)(2) of the Tariff Act of 1930, a complaint shall be filed within 30 days after the filing of the

summons.

method of commencing two kinds of actions. The two kinds are described in 28 U.S.C. § 1581(d), adjustment assistance actions, and 28 U.S.C. § 1581(g), customhouse broker license actions. Both of these are included among those actions which are, pursuant to 28 U.S.C. § 2632(a), to be commenced by filing concurrently a summons and complaint with the clerk of the court as prescribed by the rules of the court. The rules of the court require the plaintiff to cause concurrent service of the summons and complaint to be made. (See Rules 3(a) and 4(b)).

The inconsistency pertaining to adjustment assistance actions appears in 19 U.S.C. § 2395, which requires the clerk of the court, instead of the plaintiff, to serve a copy of the summons and complaint upon the Secretary of Labor or Secretary of Commerce as the case may be. The inconsistency pertaining to customhouse broker license actions appears in 19 U.S.C. § 1641(b), which provides that an action is commenced by filing "a written petition" in the court and further provides that a copy of the petition is to be "transmitted by the clerk of the court to the Secretary of the Treasury...

Until such time as the matter is resolved, the preferred procedure to achieve uniformity and consistency and to minimize the ambiguity created by these inconsistent statutory provisions is to follow the provisions in Title 28. (In one unreported case, James A. Barnhart v. United States, Court No. 81-3-00328, the court directed plaintiff to comply with the requirements of 28 U.S.C. § 2632(a) by filing a summons and complaint notwithstanding the fact that plaintiff had complied with the requirements of 19 U.S.C. § 1641(b) by filing a petition.)

REFERENCES IN TEXT

Section 516A(a)(2), (d), of the Tariff Act of 1930, referred to in subds. (a)(2) and (e), is classified to section 1516a(a)(2), (d) of Title 19, Customs Duties.

Rule 4. Service of Summons and Complaint

(a) Summons-Service by the Clerk. In any action required to be commenced by filing a summons only, service of the summons shall be made by the clerk of the court as follows:

(1) Upon the United States, by serving the Attorney General of the United States, by delivering or by mailing a copy of the summons to the Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Department of Justice.

(2) When the action is described in 28 U.S.C. § 1581(a) or (b), the clerk shall, in addition to the service prescribed by paragraph (1) of this subdivision (a), also serve the Secretary of the Treasury by mailing a copy of the summons to the district director for the customs district in which the protest was denied or in which the liquidation of an entry is contested and to the Assistant Chief Counsel for International Trade Litigation, United States Customs Service.

(3) When the action is described in 28 U.S.C. § 1581(b), the clerk shall, in addition to the service prescribed in paragraphs (1) and (2) of this subdivision (a), also mail a copy of the summons to the consignee or agent of the consignee involved in each entry included in the action.

(4) When the action is described in 28 U.S.C. § 1581(c) and contests a determination listed in section 516A(a)(2) of the Tariff Act of 1930, the clerk shall, in addition to the service prescribed

INTERNATIONAL TRADE

in paragraph (1) of this subdivision (a), also mail a copy of the summons: to the Secretary, United States International Trade Commission, when a determination of that Commission is contested; and to the General Counsel, Department of Commerce, when a determination of that Department is contested.

(5) After making service as prescribed in this subdivision (a), the clerk shall return a copy of the summons, together with proof of service and a receipt for payment of the filing fee, to the person who filed the summons.

(b) Summons and Complaint-Service by Plaintiff. In any action required to be commenced by the concurrent filing of a summons and complaint, the plaintiff shall cause service of the summons and complaint to be made by a person described in subdivision (c) of this rule by the method prescribed in subdivision (d) or (h) of this rule.

(c) Summons and Complaint-By Whom Served. Service of the summons and complaint shall be made by a United States marshal, by his deputy, or by some person authorized by the law of the state or place in which service is made to make service of summons or other like process in an action brought in the courts of general jurisdiction of that state or place.

(d) Summons and Complaint-Service Generally. The summons and complaint shall be served together as follows:

(1) Upon an individual, by delivering a copy of the summons and complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by delivering a copy of the summons and the complaint to an agent authorized by appointment or by law to receive service.

(2) Upon an infant or an incompetent person, by serving the summons and complaint in the manner prescribed by the law of the state or place in which the service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state or place.

(3) Upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering a copy of the summons and the complaint to an officer, a managing or general agent, or to any other agent authorized by appointment or by law to receive service, and, if the agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the defendant.

(4) Upon the United States, by serving the Attorney General of the United States, by delivering or by mailing a copy of the summons and complaint to the Attorney-in-Charge, International Trade Field Office, Commercial Litigation Branch, Department of Justice.

(5) Upon an officer or agency of the United States, by serving the United States, and by delivering or by mailing a copy of the summons and complaint to such officer or agency. If the agency is a corporation the copy shall be delivered as provided in paragraph (3) of this subdivision (d).

(6) Upon a state or municipal corporation or other governmental organization thereof subject to suit, by delivering a copy of the summons and complaint to the chief executive officer thereof or by serving the summons and complaint in the manner prescribed by the law of that state for the service of summons or other like process upon any such defendant.

(7) Upon a defendant of any class referred to in paragraph (1) or (3) of this subdivision (d), it is also sufficient if the summons and complaint are served in the manner prescribed by any statute of the United States or in the manner prescribed by the law of the state or place in which service is made for the service of summons or other like process upon any such defendant in an action brought in the courts of general jurisdiction of that state or place.

(e) Return. The plaintiff shall be responsible for filing proof of service of the summons and complaint with the clerk either at the time the summons and complaint are filed or immediately after service is made. If service is made by a person other than a United States marshal or his deputy the person shall make affidavit thereof. Failure to make proof of service does not affect the validity of the service.

(f) Amendment of Proof of Service. The court may allow proof of service of a summons or complaint to be amended at any time, in its discretion and upon such terms as it deems just, unless it clearly appears that material prejudice would result to the substantial rights of the party against whom the amendment is allowed.

(g) Service by Mail. When service of a summons and complaint by the plaintiff is made by mail, the mailing shall be by registered or certified mail, return receipt requested.

(h) Alternative Provisions for Service in a Foreign Country.

(1) Manner. Whenever a statute of the United States or an order of court thereunder provides for service of a summons and complaint, or of a notice, or of an order in lieu of a summons and complaint, upon a party not an inhabitant of or found within the United States, service may be made under the circumstances and in the manner prescribed by the statute or order, or, if there is no provision therein prescribing the manner of service and service is to be effected upon a party in a foreign country, it is sufficient if service of the summons and complaint is made: (A) in the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; or (B) as directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; or (C) upon an individual, by delivery to him personally, and upon a corporation or partnership or association, by delivery to an officer, a managing or general agent; or (D) by any form of mail requiring a signed receipt, to be addressed and dispatched to the party to be served; or (E) as directed by order of the court. Service under (C) or (E) above may be made by any person who is not a party and is not less than 18 years of age or

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INTERNATIONAL TRADE

who is designated by order of this court or by the foreign court.

(2) Return. Proof of service may be made as prescribed by subdivision (e) of this rule, or by the law of the foreign country, or by order of this court. When service is made pursuant to paragraph (1)(D) of this subdivision (h), proof of service shall include a receipt signed by the addressee or other evidence of delivery to the addressee satisfactory to this court. (As amended Jan. 1, 1982.)

PRACTICE COMMENT

Registered or certified mail, return receipt requested, shall be used, as specified in Rule 4(g), when service of a summons and complaint by plaintiff is made by mail.

The clerk is authorized by Rule 4(a) to make service of the summons only in those actions commenced by a summons, i.e., actions described in 28 U.S.C. § 1581(a) or (b), and only those actions described in 28 U.S.C. § 1581 (c) which contest a determination listed in section 516A(a)(2) of the Tariff Act of 1930. In all other actions, including those actions described in 28 U.S.C. § 1581(c) which contest a determination listed in section 516A(a)(1) of the Tariff Act of 1930, the plaintiff is required by Rule 4(b) to effect concurrent service of the summons and complaint.

REFERENCES IN TEXT

Section 516A(a)(2) of the Tariff Act of 1930, referred to in subd. (a)(4), is classified to section 1516a(a)(2) of Title 19, Customs Duties.

Rule 5. Service and Filing of Pleading and Other Papers

(a) Service-When Required. Unless otherwise prescribed by these rules, or by order of the court, every pleading and other paper shall be served upon each of the parties.

(b) Service-How Made. Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service shall be made upon the attorney unless service upon the party himself is ordered by the court. Service upon the attorney or upon the party shall be made by delivering a copy to him or by mailing it to him at his last known address or, if no address is known, by leaving it with the clerk of the court. Delivery is made by: handing a copy to the attorney or to the party; or leaving it at his office with his clerk or other person in charge thereof; or, if there is no one in charge, leaving it in a conspicuous place therein; or, if the office is closed or the person to be served has no office, leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein.

(c) Service-Numerous Defendants. In any action in which there are unusually large numbers of defendants, the court, upon motion or its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made between the defendants and that any cross-claim, counterclaim, or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties, and that the filing of any such pleadings and service thereof upon the plaintiff constitute due notice

of it to the parties. A copy of every order shall be served upon the parties in such manner and form as the court directs.

(d) Filing—When Required. All pleadings and other papers required to be served upon a party shall be filed with the court immediately after service, unless otherwise prescribed by these rules, or by order of the court. Depositions upon oral examinations and interrogatories, requests for documents, requests for admission, other discovery documents, and answers and responses thereto shall not be filed unless by order of the court on motion or on its own initiative, or for use in the proceeding.

(e) Filing—How Made. The filing of pleadings and other papers with the court shall be made by filing them with the clerk of the court, except that the judge to whom an action is assigned, or a matter is referred, may permit pleadings and other papers pertaining thereto to be filed with him, in which event he shall note thereon the filing date and forthwith transmit them to the office of the clerk. Filing with the clerk of the court shall be made by delivery or by mailing to: The Clerk of the Court, United States Court of International Trade, One Federal Plaza, New York, New York 10007; or by delivery to the clerk at places other than New York City when the papers pertain to an action being tried or heard at that place.

(f) Filing of Summons and Complaint by Mail. When an action is commenced by the filing of a summons only, or the concurrent filing of a summons and complaint, and the filing is made by mail as prescribed by these rules, the mailing shall be by registered or certified mail, return receipt requested, properly addressed to the clerk of the court, with the proper postage affixed.

(g) Service and Filing-When Completed. Service or filing of any pleading or other paper by delivery or by mailing is completed when received, except that a pleading or other paper mailed by registered or certified mail properly addressed to the party to be served, or to the clerk of the court, with the proper postage affixed and return receipt requested, shall be deemed served or filed as of the date of mailing.

(h) Proof of Service. Unless otherwise prescribed by these rules, or by order of the court, papers presented for filing shall contain an acknowledgment of service by the person served, or proof of service in the form of a statement of the date and manner of service and of the name of the person served, certified by the person who made service. Proof of service may appear on or be affixed to the paper filed. The clerk may, for good cause shown, permit papers to be filed without acknowledgment or proof of service but shall require proof to be filed promptly thereafter.

(As amended Jan. 1, 1982.)

PRACTICE COMMENT

When the clerk concludes that exigencies so require, he may permit a pleading or paper to be filed by facsimile transmission or similar process. Service by such process may be made with the consent of the party to

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