Title 28Judiciary and Judicial ProcedureRelease 119-73

§2416 Time for commencing actions brought by the United States—Exclusions

Title 28 › Part PART VI— - PARTICULAR PROCEEDINGS › Chapter CHAPTER 161— - UNITED STATES AS PARTY GENERALLY › § 2416

Last updated Apr 6, 2026|Official source

Summary

When you calculate the time limit in section 2415, do not count any time when the defendant or the property is outside the United States, its territories or possessions, the District of Columbia, or Puerto Rico. Also do not count time when the defendant cannot be served because they are a minor, mentally unable, have diplomatic immunity, or are otherwise protected; when key facts were unknown and could not reasonably be known by the U.S. official who must act; or when the United States is at war under Article I, Section 8 of the Constitution.

Full Legal Text

Title 28, §2416

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which—
(a)the defendant or the res is outside the United States, its territories and possessions, the District of Columbia, or the Commonwealth of Puerto Rico; or
(b)the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or
(c)facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the circumstances; or
(d)the United States is in a state of war declared pursuant to article I, section 8, of the Constitution of the United States.

Reference

Citations & Metadata

Citation

28 U.S.C. § 2416

Title 28Judiciary and Judicial Procedure

Last Updated

Apr 6, 2026

Release point: 119-73