US federal district courts
What is the deadline for aEDPA one-year limitation, newly recognised retroactive right accrual?
AEDPA one-year limitation, newly recognised retroactive right accrual is governed by 28 U.S.C. 2244(d)(1)(C). This page does not calculate a date. Runs from the date the Supreme Court INITIALLY RECOGNISED the right, not from the later decision holding it retroactive: Dodd v. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 1 year
- Trigger
- The date on which the constitutional right asserted was initially recognised by the Supreme Court, where newly recognised and made retroactively applicable to cases on collateral review
- Rule
- 28 U.S.C. 2244(d)(1)(C)
Federal Rules of Civil Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
Runs from the date the Supreme Court INITIALLY RECOGNISED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such.
Read 28 USC 2244"the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review"
28 U.S.C. 2244(d)(1)(C)
Which date starts the 1 year period?
The period runs from the date on which the constitutional right asserted was initially recognised by the Supreme Court, where newly recognised and made retroactively applicable to cases on collateral review.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read 28 USC 2244"the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review"
28 U.S.C. 2244(d)(1)(C)
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 1 year counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under FRCP 6(a).
If the final day is a Saturday, Sunday or legal holiday, FRCP 6(a) carries it to the next open day.
Rule 6(a) also treats a day on which the clerk’s office is inaccessible as excluded from the last day, and sets the filing cutoff at midnight in the court’s time zone for electronic filing. The national calculation does not confirm those local facts.
Read FRCP 6(a)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhy no worked calculation is shown
No date is calculated on this page because the encoded provision could not be reduced to one fixed period. Read the rule text, the starting event and the noted branches, then confirm the period in the current rules before relying on any date.
Runs from the date the Supreme Court INITIALLY RECOGNISED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such.
Can an order, motion or extension change the deadline?
- Extensions
- Statutory tolling under 2244(d)(2); equitable tolling per Holland.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- Statutory tolling under 2244(d)(2); equitable tolling per Holland.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- Runs from the date the Supreme Court INITIALLY RECOGNISED the right, not from the later decision holding it retroactive: Dodd v. United States, 545 U.S. 353 (2005). This can extinguish the limb before retroactivity is settled. Confirm the decision date and the retroactivity holding separately. Corrected on verification: Dodd v. United States, 545 U.S. 353 (2005) construed 28 U.S.C. 2255(f)(3), not 2244(d)(1)(C). The two limbs are identically worded and the circuits apply Dodd to 2244(d)(1)(C) by parity of language, but the citation is analogical rather than direct and should be presented as such.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 1 year period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the date on which the constitutional right asserted was initially recognised by the Supreme Court, where newly recognised and made retroactively applicable to cases on collateral review, or when I first learned of it?
The period runs from the date on which the constitutional right asserted was initially recognised by the Supreme Court, where newly recognised and made retroactively applicable to cases on collateral review as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Read 28 USC 2244Do I add three days because the document arrived by mail?
Not to this period. FRCP 6(d) concerns periods measured after service. This period runs from the date on which the constitutional right asserted was initially recognised by the Supreme Court, where newly recognised and made retroactively applicable to cases on collateral review, so no mailing days are added.
FRCP 6(d)Counting days and filing
Which time zone and filing cutoff apply?
Under FRCP 6(a)(4), electronic filing ends at midnight in the court’s time zone unless a statute, local rule or court order sets a different time. Paper filing ends when the clerk’s office is scheduled to close. This calculator does not verify either fact.
FRCP 6(a)What if the court is inaccessible on the last day?
FRCP 6(a)(3) extends the period to the first accessible day that is not a weekend or legal holiday when the clerk’s office is inaccessible on the last day. Check the court’s closure notices and orders. A national holiday calculation does not establish an outage or local closure.
FRCP 6(a)Extensions and local rules
Can the court extend this deadline?
Statutory tolling under 2244(d)(2); equitable tolling per Holland. A request does not itself extend the period, and no discretionary extension is calculated here.
Read 28 USC 2244Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| 28 U.S.C. 2244(d)(1)(C) | Trigger and period |
| FRCP 6(a) | Counting, legal holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.