Upon notice from the Director of the Administrative Office of the Courts (“AO”) that the Federal Judiciary will enter Phase 2 of a lapse in appropriations on October 20, 2025, this Court shall execute its Lapse in Appropriations Plan, which was drafted in accordance with Volume 13, Chapter 2 of the Guide to Judiciary Policy, and shall hereafter operate under the terms of the Antideficiency Act, 31 U.S.C. § 1341, et. seq., which requires the Federal Judiciary to reduce judicial operations during Phase 2 and allows the performance of excepted functions only; and
IT IS on this 17th day of October, 2025, hereby
ORDERED that all employees of this Court and its Clerk’s Office are deemed to be currently performing functions that are excepted from the Antideficiency Act and are necessary to the exercise of the Court’s constitutional authority and the continued resolution of cases without interruption, as authorized under Article I of the Constitution of the United States; and it is further
ORDERED that all such employees shall continue performing such excepted functions during any funding lapse, unless and until otherwise ordered by this Court; and it is further
ORDERED that this Court will reevaluate circumstances on a regular basis to ensure that only work on excepted activities is performed during Phase 2; and it is further
ORDERED that, upon its reevaluation, this Court will identify employees who are not performing excepted activities and will furlough all such employees until they can be recalled to continue performing excepted activities; and it is further
ORDERED that the Clerk’s Office during Phase 2 will continue to: accept and process new cases, motions, orders, emergency applications, and all other filings; accept collect and deposit fees and costs; and generally support the Court in all case-related activities; and it is further
ORDERED that additional information regarding the shutdown will be posted and periodically updated on the Court’s website at: www.njb.uscourts.gov; and it is further
ORDERED that this Order shall supplement the Order entered during Phase 1 of this lapse in appropriations dated October 1, 2025 and be effective immediately and shall remain in effect until amended or superseded by further order of this Court.
