UPDATED - US Court of Appeals for the Third Circuit Open During Government Shutdown
The United States Court of Appeals for the Third Circuit is open during the government shutdown. All oral arguments will be heard as scheduled. All filing deadlines must be met. CM/ECF will remain operational. Cases which are fully briefed will continue to be scheduled for argument.
Attorneys representing the federal government in cases scheduled for oral argument must promptly contact the Clerk's Office regarding any arrangements necessary during a lapse in funding, e.g. substitution of counsel, request to have case submitted on the briefs, request to appear by audio/video conference.
All federal government attorneys are expected to timely respond to emergency or expedited motions and continue to meet deadlines in all expedited cases.
Deadlines in non-emergency civil cases for the federal government will be suspended during the lapse in funding. Deadlines in criminal cases will not be suspended. Any requests for adjustment to case deadlines in individual criminal cases due to the government shutdown must be requested by motion. The duration of the sentence will be a critical factor in the evaluation of such requests.
New deadlines which have been tolled will be established and posted once the government shutdown has ended. The revised deadlines will be staggered to ensure an orderly resumption of work. For example, filings due December 24, 2018 would be due seven days after the end of the shutdown; filings due December 26 would be due eight days after the end of the shutdown.
Attorneys appointed under the Criminal Justice Act should continue their representation and should continue to submit vouchers for payment. Payment of vouchers will be delayed until the government reopens.