US federal district courts
What is the deadline for aEDPA one-year limitation on state prisoner habeas, direct-review accrual?
AEDPA one-year limitation on state prisoner habeas, direct-review accrual is governed by 28 U.S.C. 2244(d)(1)(A). This page does not calculate a date. This is the DEFAULT accrual limb only. 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 the state judgment became final by the conclusion of direct review or the expiration of the time for seeking such review
- Rule
- 28 U.S.C. 2244(d)(1)(A)
Federal Rules of Civil Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
This is the DEFAULT accrual limb only. Section 2244(d)(1) runs from the LATEST of four alternative dates, which are catalogued separately here so the default trigger and the discovery trigger are not merged. Statutory tolling under 2244(d)(2) will almost always displace the raw computation. FINALITY MUST BE ESTABLISHED IN TWO STEPS. (1) If the prisoner pursued direct review to the state court of last resort but filed no certiorari petition, the judgment becomes final when the 90-day certiorari period under Sup. Ct. R. 13.1 expires. (2) If the prisoner did NOT seek review in the state's highest court, the judgment becomes final when the time for seeking that review expires, and there is NO 90-day certiorari add-on at all. Corrected on verification: the researcher stated without qualification that "where no certiorari petition was filed, finality under limb (A) includes the 90-day certiorari window: Gonzalez v. Thaler, 565 U.S. 134 (2012)". That is the opposite of what Gonzalez holds on its own facts. Gonzalez v. Thaler holds that for a state prisoner who does not seek review in a State's highest court, the judgment becomes final on the date the time for seeking such review expires. Encoding the researcher's formulation adds up to 90 days of limitation period that do not exist and would produce a time-barred petition. The 90-day add-on rests instead on Lawrence v. Florida, 549 U.S. 327 (2007), and on Clay v. United States, 537 U.S. 522 (2003) for the parallel section 2255 limb, and applies only where certiorari was in fact available.
Read 28 USC 2244"A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of - (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review."
28 U.S.C. 2244(d)(1)(A)
Which date starts the 1 year period?
The period runs from the date the state judgment became final by the conclusion of direct review or the expiration of the time for seeking such 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"A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of - (A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review."
28 U.S.C. 2244(d)(1)(A)
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.
This is the DEFAULT accrual limb only. Section 2244(d)(1) runs from the LATEST of four alternative dates, which are catalogued separately here so the default trigger and the discovery trigger are not merged. Statutory tolling under 2244(d)(2) will almost always displace the raw computation. FINALITY MUST BE ESTABLISHED IN TWO STEPS. (1) If the prisoner pursued direct review to the state court of last resort but filed no certiorari petition, the judgment becomes final when the 90-day certiorari period under Sup. Ct. R. 13.1 expires. (2) If the prisoner did NOT seek review in the state's highest court, the judgment becomes final when the time for seeking that review expires, and there is NO 90-day certiorari add-on at all. Corrected on verification: the researcher stated without qualification that "where no certiorari petition was filed, finality under limb (A) includes the 90-day certiorari window: Gonzalez v. Thaler, 565 U.S. 134 (2012)". That is the opposite of what Gonzalez holds on its own facts. Gonzalez v. Thaler holds that for a state prisoner who does not seek review in a State's highest court, the judgment becomes final on the date the time for seeking such review expires. Encoding the researcher's formulation adds up to 90 days of limitation period that do not exist and would produce a time-barred petition. The 90-day add-on rests instead on Lawrence v. Florida, 549 U.S. 327 (2007), and on Clay v. United States, 537 U.S. 522 (2003) for the parallel section 2255 limb, and applies only where certiorari was in fact available.
Can an order, motion or extension change the deadline?
- Extensions
- Statutory tolling under 28 U.S.C. 2244(d)(2) while a properly filed state post-conviction or collateral review application is pending. Equitable tolling is available on the Holland v. Florida, 560 U.S. 631 (2010) test of diligence plus extraordinary circumstance, and there is a narrow actual-innocence gateway under McQuiggin v. Perkins, 569 U.S. 383 (2013). Never compute tolling.
- 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 28 U.S.C. 2244(d)(2) while a properly filed state post-conviction or collateral review application is pending. Equitable tolling is available on the Holland v. Florida, 560 U.S. 631 (2010) test of diligence plus extraordinary circumstance, and there is a narrow actual-innocence gateway under McQuiggin v. Perkins, 569 U.S. 383 (2013). Never compute tolling.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- This is the DEFAULT accrual limb only. Section 2244(d)(1) runs from the LATEST of four alternative dates, which are catalogued separately here so the default trigger and the discovery trigger are not merged. Statutory tolling under 2244(d)(2) will almost always displace the raw computation. FINALITY MUST BE ESTABLISHED IN TWO STEPS. (1) If the prisoner pursued direct review to the state court of last resort but filed no certiorari petition, the judgment becomes final when the 90-day certiorari period under Sup. Ct. R. 13.1 expires. (2) If the prisoner did NOT seek review in the state's highest court, the judgment becomes final when the time for seeking that review expires, and there is NO 90-day certiorari add-on at all. Corrected on verification: the researcher stated without qualification that "where no certiorari petition was filed, finality under limb (A) includes the 90-day certiorari window: Gonzalez v. Thaler, 565 U.S. 134 (2012)". That is the opposite of what Gonzalez holds on its own facts. Gonzalez v. Thaler holds that for a state prisoner who does not seek review in a State's highest court, the judgment becomes final on the date the time for seeking such review expires. Encoding the researcher's formulation adds up to 90 days of limitation period that do not exist and would produce a time-barred petition. The 90-day add-on rests instead on Lawrence v. Florida, 549 U.S. 327 (2007), and on Clay v. United States, 537 U.S. 522 (2003) for the parallel section 2255 limb, and applies only where certiorari was in fact available.
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 the state judgment became final by the conclusion of direct review or the expiration of the time for seeking such review, or when I first learned of it?
The period runs from the date the state judgment became final by the conclusion of direct review or the expiration of the time for seeking such 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 the state judgment became final by the conclusion of direct review or the expiration of the time for seeking such 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 28 U.S.C. 2244(d)(2) while a properly filed state post-conviction or collateral review application is pending. Equitable tolling is available on the Holland v. Florida, 560 U.S. 631 (2010) test of diligence plus extraordinary circumstance, and there is a narrow actual-innocence gateway under McQuiggin v. Perkins, 569 U.S. 383 (2013). Never compute tolling. 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)(A) | 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.