Title 28 — Judiciary and Judicial ProcedureRelease 119-73not60

§2416 Time for Commencing Actions Brought by the United States—exclusions

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

Last updated Apr 5, 2026|Official source

Summary

Time limits don't count while the defendant or property is outside U.S., territories, D.C., or Puerto Rico; when the defendant can't be sued (minor, mentally unable, or diplomat); when key facts were unknown and not reasonably discoverable by the U.S. official; or during a war declared under 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 28 — Judiciary and Judicial Procedure

Last Updated

Apr 5, 2026

Release point: 119-73not60