Title 28, Judiciary and Judicial ProcedureRelease 119-102
§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
Summary
When computing time in section 2415, exclude periods when the defendant or property is outside the United States or its territories; when the defendant can’t be served (for example, a minor, mentally incompetent, or with diplomatic immunity); when key facts were not and could not reasonably be known by the U.S. official responsible; or when the United States is at war under Article I, Section 8.
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
Aug 21, 2026
Release point: 119-102