In the event of a lapse in appropriations at midnight on January 30, 2026, Eastern Standard, the Judiciary will remain open and continue paid operations through Wednesday, February 4, 2026 by using court fee balances and other funds not dependent on a new appropriation. 

Most proceedings and deadlines will occur as scheduled. In cases involving attorneys from executive branch agencies who are not working because of the shutdown, hearing and filing dates may be rescheduled. The Case Management/Electronic Case Files (CM/ECF) system also will remain in operation for electronic filing of documents.

If the shutdown continues after Judiciary funds are exhausted, the courts, beginning on February 5, 2026, will operate under the terms of the Anti-Deficiency Act, which allows work to continue during a lapse in appropriations if it is necessary to support the exercise of Article III judicial powers. Under this scenario, each court and federal defender’s office would determine the staffing resources necessary to support such work.