Despite a federal government shutdown that began on Oct. 1, the Judiciary remains open and will continue paid operations through at least Friday, Oct. 3, by using court fee balances and other funds not dependent on a new appropriation.
Most proceedings and deadlines will occur as scheduled. In cases where an attorney from an executive branch agency is not working because of the shutdown, hearing and filing dates may be rescheduled.
The Case Management/Electronic Case Files (CM/ECF) system also will remain in operation for electronic filing of documents.
The Judiciary is assessing available fees and balances to determine if paid operations can be sustained through Friday, Oct. 17.
If the shutdown continues after Judiciary funds are exhausted, the courts will then operate under the terms of the Anti-Deficiency Act, which allows work to continue during a lapse in appropriations if it is necessary to support the exercise of Article III judicial powers. Under this scenario, each court and federal defender’s office would determine the staffing resources necessary to support such work.
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