The shutdown’s effect on federal court proceedings is in flux. For now, most litigants should expect business as usual in the nation’s courthouses, at least in private civil matters.
By Nicholas J. Boyle, Roberto J. Borgert, and Katherine Griffitts
Updated on October 23, 2025
On October 17, 2025, the Administrative Office of the US Courts confirmed that the federal judiciary has exhausted its funding to sustain full, paid operations. Under the Anti-Deficiency Act, court staff may only perform certain excepted work, including activities that are (i) necessary for the courts to perform constitutional functions under Article III, (ii) necessary for the safety of human life and protection of property, and (iii) otherwise authorized by federal law. Until an appropriations bill is passed and signed, court staff will not be paid, and each appellate, district, and bankruptcy court will make their own decisions concerning their operations.
Federal district courts are indicating that they will continue resolving cases during this lapse in appropriations. As one example, the US District Court for the District of Columbia has determined that “all activities related to the resolution of cases are ‘excepted,’” meaning that courts in that district will continue conducting conferences, hearings, trials; processing motions, orders, and emergency applications; and engaging in other activities related to resolving cases.
The federal appellate courts are also staying open notwithstanding the appropriations lapse. The US Court of Appeals for the Fourth Circuit has indicated that it “will continue operations in the usual course notwithstanding the shutdown of the federal government caused by the failure to enact an annual appropriation act or a continuing resolution.” Similarly, the US Court of Appeals for the First Circuit has stated that its oral arguments scheduled for late October and early November “will go forward as scheduled.”
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As of October 6, 2025, federal courts remain open and are drawing on non-appropriated funds to continue operations. But the federal judiciary has warned that if it exhausts those funds, it may have to reduce operations to essential functions.
The Administrative Office of the US Courts released a statement indicating that existing funds will last until at least October 17. After that, should the shutdown remain in effect, impacts on the judicial system may grow and will likely vary by jurisdiction.
In prior shutdowns, disruptions were kept to a minimum, but that is because most shutdowns did not last significant amounts of time. During the 2018–19 shutdown (the longest in history, at 34 days), courts ultimately shifted to essential-only staffing, which caused additional delays at the district court level.
If this shutdown persists beyond mid-October and courts furlough non-essential staff, civil cases could similarly face broad delays as resources tighten.
For now, most litigants should expect business as usual in the nation’s courthouses, at least in private civil matters. The judiciary has not broadly paused proceedings or deadlines, and the electronic filing system is still operational.
However, parties in civil cases involving the federal government may see efforts from government lawyers to pause proceedings. Government counsel, representing federal agencies and the Department of Justice (DOJ) in civil cases, have been told to seek delays in most matters. It is within a court’s discretion to pause or delay proceedings, and we anticipate that a substantial percentage of such requests will be granted. If a court denies a request for a delay, federal parties will likely comply with that ruling, subject to staffing restraints from the shutdown. The federal government has indicated that it will not seek to delay criminal prosecutions or extraditions.
How courts react to the federal shutdown will vary on a district-by-district, and even judge-by-judge, basis. In the US District Court for the District of Columbia, for example, Chief Judge James Boasberg unilaterally extended all deadlines in civil cases involving government lawyers for the duration of the shutdown given the high volume of cases involving government attorneys.
Other courts will likely wait for requests to pause cases. For example, the US District Court for Southern District of New York first noted on its website that it remained fully open and directed lawyers to contract the presiding judge’s chambers for guidance on the effects of the federal shutdown. But at the request of the US Attorney for the Southern District of New York, Chief Judge Laura Taylor Swain entered an order staying all cases involving attorneys from the US Attorney’s Office. Other courts will likely follow suit either of their own accord or by request.