The Court of International Trade on Nov. 25 said that PACER users with "CM/ECF-level filing access can still file even if their search status shows as 'inactive' due to six months of inactivity." The notice came after PACER last month rolled out an update that lets users with CM/ECF-level access whose account search status becomes inactive due to search activity reset their own password without contacting PACER Service Center.
The U.S. Court of Appeals for the Federal Circuit will be closed on Dec. 24, starting at 1 p.m. ET, and on Dec. 31, also starting at 1 p.m. ET, the court announced. All electronic filing deadlines will remain in effect, and electronic case filing will remain available through CM/ECF, the court said. Nonelectric filings received after 1 p.m. on these days will be treated as timely filed "if received by the next business day," in line with CAFC Rule 26(a)(3). Under this rule, if the clerk's office is inaccessible, the time for filing is extended to the first accessible day that isn't a Saturday, Sunday or legal holiday.
Status reports from the government regarding the resumption of litigation have poured in to the Court of International Trade following the reopening of the federal government. Many cases were stayed by the trade court pending the lapse in federal appropriations, given that many DOJ attorneys weren't being paid and were barred from working during the shutdown.
The Court of International Trade on Nov. 14 extended the deadline for interested parties to submit comments on proposed amendments to one of the court's practice rules. Comments that had been due by Nov. 24 now will be accepted through close of business on Dec. 5.
The U.S. Court of Appeals for the Federal Circuit on Nov. 13 said it has resumed normal operations "effective immediately" in light of the end of the federal government shutdown. The court said the Clerk's Office public intake counter has returned to normal business hours, and the Circuit Library is open and has resumed all public and support services.
The U.S. Court of Appeals for the Federal Circuit adopted amendments to seven of its practice rules and three of its practice notes following a comment period (see 2509180010). The changes, which affect Rules 15, 25, 30, 32, 39, 46 and 47, will take effect on Dec. 1.
Pay.gov will undergo maintenance on Nov. 8, and PACER will undergo maintenance on Nov. 9, the Court of International Trade announced. Documents requiring payment through Pay.gov can't be filed on CM/ECF during the hours of 6 p.m. to 10 p.m. ET, the court said. On Nov. 9, users may experience "intermittent issues when logging on to CM/ECF and when making payments through Pay.gov" from 5 a.m. to 4 p.m. ET, due to the maintenance of PACER.
The Court of International Trade will be closed on Nov. 28 and Dec. 26 in addition to the federal holidays of Thanksgiving and Christmas, the court announced. Both days, Nov. 28 (the Friday after Thanksgiving) and Dec. 26 (the Friday after Christmas), will be considered a "legal holiday" by the court for purposes of the "computation of time and motions to enlarge time," the court said.
The U.S. Court of Appeals for the Federal Circuit said on Oct. 31 that all scheduled arguments will proceed as scheduled despite the federal government shutdown. The appellate court has a full slate of cases scheduled for argument from Nov. 3 to Nov. 6, including two appeals from the Court of International Trade. The court added that "all filing deadlines remain in effect" and that jointly filed or unopposed motions for extensions of time for "briefs and other deadlines in non-calendared cases" will be generally granted for up to 60 days. The court said electronic case filing will remain available through CM/ECF.
The Court of International Trade approved amendments to two of its rules and various of its forms on Oct. 23, the court announced. The court altered Rules 84 and 87. Rule 87, which previously was titled "Forms," is now titled "Civil Rules Emergency" to reflect changes to the Federal Rules for Civil Procedure.