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Government Shutdown Impacting Upstate Courts

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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.


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