US federal district courts
What is the deadline for aDEA civil action after notice of dismissal or termination of proceedings?
The period for aDEA civil action after notice of dismissal or termination of proceedings normally runs 90 calendar days from receipt of notice from the EEOC of dismissal or termination of proceedings, under 29 USC 626(e). If the final day is a Saturday, Sunday or legal holiday, FRCP 6(a) carries it to the next open day.
Calculate my deadline- Period
- 90 calendar days
- Trigger
- Receipt of notice from the EEOC of dismissal or termination of proceedings
- Rule
- 29 USC 626(e)
Federal Rules of Civil Procedure amended through 2025
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Calculate your deadline
Enter the date of receipt of notice from the EEOC of dismissal or termination of proceedings. See the date, cited rule and counting steps.
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Which date starts the 90-day period?
The period runs from the receipt of notice from the EEOC of dismissal or termination of proceedings.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read 29 USC 626A civil action may be brought under this section by a person defined in section 630(a) of this title against the respondent named in the charge within 90 days after the date of the receipt of such notice.
29 USC 626(e)
This period runs from receipt as the rule defines it, which can differ from the formal service date. Confirm which event the rule uses before entering a date.
Which date do I enter?How are the 90 calendar days 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 checklistWhat does a worked calculation look like?
Fictitious example
Assume the receipt of notice from the EEOC of dismissal or termination of proceedings on Tuesday, September 1, 2026 (receipt of notice from the EEOC of dismissal or termination of proceedings on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under FRCP 6(a). The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Receipt | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 90 | Ordinary deadline in this example | November 30, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- Subject to equitable tolling. The charge-filing prerequisite is in 29 USC 626(d)(1), which requires a charge within 180 days of the alleged unlawful practice, or 300 days in a deferral state under section 633(b).
- 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.
- Subject to equitable tolling. The charge-filing prerequisite is in 29 USC 626(d)(1), which requires a charge within 180 days of the alleged unlawful practice, or 300 days in a deferral state under section 633(b).
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
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 90-day 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 receipt of notice from the EEOC of dismissal or termination of proceedings, or when I first learned of it?
The period runs from the receipt of notice from the EEOC of dismissal or termination of proceedings 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 29 USC 626Do 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 receipt of notice from the EEOC of dismissal or termination of proceedings, so no mailing days are added.
FRCP 6(d)Counting days and filing
Is it 90 calendar days or business days?
Calendar days. Count intermediate weekends and holidays. If the final day is a Saturday, Sunday or legal holiday, FRCP 6(a) carries it forward to the next day that is not one of those.
FRCP 6(a)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?
Subject to equitable tolling. The charge-filing prerequisite is in 29 USC 626(d)(1), which requires a charge within 180 days of the alleged unlawful practice, or 300 days in a deferral state under section 633(b). A request does not itself extend the period, and no discretionary extension is calculated here.
Read 29 USC 626Do 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 |
|---|---|
| 29 USC 626(e) | 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.