When the federal government shuts down, courts do not simply close. State and local courts keep running on their own money and are not affected at all. Federal courts stay fully open for roughly the first two weeks of a shutdown using reserve funds, then shift to limited operations in which criminal trials, bankruptcy filings, detained immigration hearings, probation supervision, and jury service continue, while many civil matters and non-detained immigration hearings can be paused. That is the short version of what happens to courts during a government shutdown, and the details below determine which rules apply to your case.
State and Local Courts Keep Running Normally
A federal shutdown is federal. State trial courts, county courts, family courts, traffic courts, and municipal courts draw their budgets from state legislatures and local tax revenue, not from Congress. If you have a custody hearing, a state criminal case, or a small claims matter, it proceeds on its normal schedule no matter what is happening in Washington. Most everyday legal business falls into this category and should be treated as unaffected.
Federal Courts During the First Two Weeks
The federal judiciary carries a financial cushion that other parts of the government lack. When a shutdown begins, the Administrative Office of the U.S. Courts uses filing fees and funds carried over from prior fiscal years to keep paying judges and staff. During the October 2025 shutdown, the judiciary maintained full paid operations from October 1 through October 17 before shifting to limited operations.1United States Courts. Judiciary Funding Runs Out; Only Limited Operations to Continue That roughly two-week window has been consistent across recent shutdowns, though the exact duration depends on how much is in the reserve when funding lapses.
During this stretch, federal courthouses stay open, hearings go forward as scheduled, and staff receive their regular paychecks. If you have a court date or deadline in the first two weeks of a shutdown, expect business as usual.
What Changes When Federal Reserve Funds Run Out
Once the reserve is spent, the federal courts shift into stripped-down mode. The Antideficiency Act bars agencies from spending money they do not have but excepts work that supports constitutional functions and public safety.2Office of the Law Revision Counsel. 31 USC 1341 – Limitations on Expending and Obligating Amounts Court employees whose work is necessary to resolve actual cases are classified as “excepted” and must keep reporting. Everyone else is furloughed and cannot work, enter federal buildings for work purposes, or volunteer their time. Courts can recall furloughed employees if workload demands it.
Federal judges keep getting paid regardless. Article III of the Constitution says judges “shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”3Legal Information Institute. Compensation Clause Doctrine and Practice Other court employees receive full retroactive pay once the shutdown ends, under the Government Employee Fair Treatment Act of 2019.4Congress.gov. Government Employee Fair Treatment Act of 2019
Federal Criminal Cases Keep Moving
Criminal prosecutions are the last thing federal courts pause. The Sixth Amendment guarantees a defendant’s right to a speedy trial, and the Speedy Trial Act requires a federal criminal trial to begin within 70 days of the indictment or the defendant’s initial appearance, whichever is later.5Office of the Law Revision Counsel. 18 USC 3161 – Time Limits and Exclusions Missing those deadlines can lead to dismissed charges, so judges treat criminal matters as top priority. Trials, plea hearings, sentencing, and bail proceedings continue. Federal prosecutors are classified as excepted employees under the Department of Justice’s contingency plan, so criminal cases keep their assigned government lawyers even when most other DOJ staff are furloughed.6U.S. Department of Justice. FY 2026 Contingency Plan
Federal Civil Cases Face the Most Disruption
Civil litigation is where shutdowns show up most clearly, especially when the federal government is a party. The DOJ’s shutdown plan calls for curtailing or postponing civil cases unless a delay would endanger lives or property.6U.S. Department of Justice. FY 2026 Contingency Plan DOJ attorneys typically file motions asking courts to pause deadlines and hearings until funding resumes.7United States Courts. Shutdown, Holdup for the Courts
Judges can grant or deny those requests. If a judge orders a case to proceed, the DOJ treats the order as legal authorization and complies.6U.S. Department of Justice. FY 2026 Contingency Plan So even in a prolonged shutdown, a court that considers a case urgent can force it forward.
Private civil lawsuits that do not involve the government are a different matter. They depend on the presiding judge and whether the courthouse has enough staff to handle them. Some judges keep their full calendar; others postpone non-urgent matters. If you have a pending private civil case in federal court, check your judge’s individual orders. Those orders, not general shutdown news, govern your deadlines and hearing dates.8United States Courts. Judiciary To Remain Open Until Feb 5
Bankruptcy Filings and the Automatic Stay
Bankruptcy courts operate as units of the federal district courts and follow the same shutdown framework. The practical question for most filers is whether a petition filed during a shutdown still triggers the automatic stay, the protection that immediately halts debt collection, lawsuits, wage garnishments, and foreclosures. It does. The automatic stay takes effect by operation of law the moment the petition is filed, not when a judge reviews it.9Office of the Law Revision Counsel. 11 USC 362 – Automatic Stay
Because the electronic filing system stays online, you can file at any time and receive the stay’s protection. Bankruptcy judges continue to handle urgent matters like stay violations and emergency motions during reduced operations. Routine hearings may be pushed back if the shutdown drags on.
Immigration Courts Are the Exception
This is where many people get the rules wrong. Immigration courts are not part of the federal judiciary. They sit inside the Executive Office for Immigration Review, a Department of Justice component that depends on congressional appropriations. When those appropriations lapse, immigration courts are directly hit.
The DOJ’s contingency plan designates functions tied to the safety of human life and protection of property as excepted, so hearings for people in immigration detention generally continue.6U.S. Department of Justice. FY 2026 Contingency Plan Non-detained cases — hearings for people living in the community while their proceedings are pending — are typically treated as non-essential and suspended for the duration of the shutdown. Past shutdowns have added thousands of postponed hearings to an already large backlog. If you have a non-detained immigration hearing during a shutdown, expect it to be rescheduled.
Filing Deadlines Stay in Effect
Unless a specific court order says otherwise, filing deadlines remain in effect during a shutdown.8United States Courts. Judiciary To Remain Open Until Feb 5 Judges are not sympathetic to the argument that you assumed the court was closed. The Case Management/Electronic Case Files system (CM/ECF) remains operational throughout a shutdown, and case information stays available through PACER.1United States Courts. Judiciary Funding Runs Out; Only Limited Operations to Continue
One safety valve exists. Under the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure, if the clerk’s office is physically inaccessible on the last day for filing, the deadline extends to the first accessible day that is not a weekend or legal holiday.10Legal Information Institute. Federal Rules of Civil Procedure Rule 6 – Computing and Extending Time11Legal Information Institute. Federal Rules of Appellate Procedure Rule 26 That rule mostly helps the small number of filings that cannot be submitted electronically. For anything you can e-file, the system is running and your deadline stands.
Jury Duty and Federal Supervision Continue
Federal jury service, including trial and grand juries, is funded through money not affected by the appropriations lapse. The courts have confirmed that the jury program continues during a shutdown and that jurors should report as directed.1United States Courts. Judiciary Funding Runs Out; Only Limited Operations to Continue Ignoring a summons on the assumption that the government is closed can lead to contempt sanctions. Show up unless the court itself tells you otherwise.
Federal probation and pretrial services officers are also considered essential. Supervision of people on probation, parole, or pretrial release is tied to public safety, so those officers keep working. Drug testing appointments, check-ins, and supervision requirements remain in place. A shutdown is not a pause in your reporting obligations.
The Supreme Court
The Supreme Court has its own permanent funds that are not subject to the annual appropriations process. When the October 2025 shutdown began, the Court announced that no changes to its session calendar were anticipated and that it would continue normal operations. For a case on the Supreme Court’s docket, a shutdown is effectively a non-event.