Rochester Law Review

Home » Litigation » Government Shutdown Impacting Upstate Courts

Government Shutdown Impacting Upstate Courts

Required Disclaimers

Pursuant to Rules 7.1(e)(3) and (f) of the NY Rules of Professional Conduct, you are hereby advised that "prior results do not guarantee a similar outcome" and the contents of this blog constitute "Attorney Advertising."

Legal Advice

This publication is intended as an information source for clients, prospective clients, and colleagues. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

© Peter J. Weishaar and Rochester Law Review, 2013 – 2018.

All Rights Reserved.

Buffalo Courthouse

When the shutdown began on October 1, 2013, the Chief Judge of the United States District Court for the Western District of New York (which includes Rochester), issued this statement:

During the initial stage of the government shutdown, the federal Judiciary will remain open for regular business for approximately 10 business days. On or about October 15, 2013, the Judiciary will reassess its situation and further guidance will be provided. All proceedings and deadlines remain in effect as scheduled, unless otherwise advised, and CM/ECF remains operational.

So far, we have not noticed an impact on the cases we have pending in the Western District of New York.

However, today I received an email from the United States District Court for the Northern District of New York, notifying me that the the Court had filed General Order #48, which issued a stay of certain civil cases pending the restoration of Department of Justice funding.  According to the order, all civil cases (other than civil forfeiture cases) in which the United States Attorney’s Office for the Northern District of New York has appeared as counsel for the United States, its agencies, and/or its employees are hereby stayed until the business day after the President signs into law a budget appropriation that restores Department of Justice funding.  I have not yet seen a similar order for the Western District of New York, but I would not be surprised to see one next week if the shutdown is not yet resolved.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: