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Rule 77-1 TITLE XI. THE COURT AND CLERK Rule 77. Sessions of the Court (a) When Court Is Open. The court is considered always open and in continuous session for transacting judicial business on all business days throughout the year. Emergency matters may be presented to and heard by the court at any time. (b) Place for Trial and Other Proceedings. Every trial on the merits must be conducted in open court and, so far as convenient, in a regular courtroom. Any other act or proceeding may be done or conducted by a judge in chambers, with or without the attendance of the clerk or other court official. (c) Place of Trials or Hearings. (1) In New York City. The judge to whom a case is assigned may designate the date of any trial or hearing to be held in, or continued to, New York City. (2) Other Than New York City. The chief judge may, as authorized by 28 U.S.C. '' 253(b) and 256(a), designate the place and date of any trial or hearing to be held at, or continued to, any place other than New York City within the jurisdiction of the United States. (3) Foreign Countries. The chief judge may, as authorized by 28 U.S.C. ' 256(b), authorize a judge to preside at any evidentiary hearing in a foreign country. (d) Photography, Tape Recording and Broadcasting. The taking of photographs, or the use of recording devices in the courtroom or its environs, or radio or television broadcasting from the courtroom or its environs, in connection with judicial proceedings is prohibited. A judge may, however, permit (1) the use of electronic or photographic means for the presentation of evidence or the perpetuation of a record, and (2) the broadcasting, televising, recording, or photographing of investitive, ceremonial, or naturalization Rule 77-2 proceedings. Environs as used in this rule include: (1) the entire United States Court of International Trade Courthouse at One Federal Plaza, New York, New York; and (2) any place within the jurisdiction of the United States where a judge may preside at a trial or hearing pursuant to 28 U.S.C. ' 256(a). (e) Assignment and Reassignment of Cases. (1) Assignment to Single Judge. All cases will be assigned by the chief judge to a single judge, except as prescribed in paragraph (2) of this subdivision (e). (2) Assignment to Three-Judge Panel. A case may be assigned by the chief judge to a three-judge panel either on motion, or on the chief judge's own initiative, when the chief judge finds that the case raises an issue of the constitutionality of a federal statute, a proclamation of the President, or an Executive order; or has broad or significant implications in the administration or interpretation of the law. (3) Time of Assignment. Cases are assigned by the chief judge at any time on the chief judge's own initiative or on motion for good cause shown. (4) Reassignment. A case may be reassigned by the chief judge on the death, resignation, retirement, illness or disqualification of the judge to whom it was assigned, or on other special circumstances warranting reassignment. (f) Judge and Court; Defined. The word "judge" as used in these rules means the single judge or three-judge panel to whom a case is assigned or a matter is referred. The word "court" as used in these rules means, unless the context of a particular rule clearly indicates otherwise, the single judge or three-judge panel to whom a case is assigned or Rule 77-3 a matter is referred. PRACTICE COMMENT: To implement the authority conferred upon the chief judge by 28 U.S.C. '' 253(b) and 256(a), and for the convenience of parties, there is set out in the instructions for Form 6, in the Appendix of Forms, a list of tentative dockets and the procedures to be followed in connection with trials or oral arguments of dispositive motions at places other than New York City. (As amended Apr. 28, 1987, eff. June 1, 1987; July 28, 1988, eff. Nov. 1, 1988; Sept. 25, 1992, eff. Jan. 1, 1993; Dec. 18, 2001, eff. Apr.1, 2002; Sept. 30, 2003, eff. Jan. 1, 2004; Nov. 25, 2008, eff. Jan. 1, 2009; Nov. 25, 2009, eff. Jan. 1, 2010.)