What is the deadline for application for a writ of habeas corpus by a person in custody under a State court judgment?

The period runs from the latest of the four dates in 28 USC 2244(d)(1)(A)-(D), ordinarily the date the 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.

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; (B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; (C) 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; or (D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

28 USC 2244(d)(1)

1. Exclude the day of the trigger event.
2. Count every following day, including intermediate Saturdays, Sundays and legal holidays.
3. 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.

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.

Cannot be reduced to a single computed date. Four alternative accrual dates are given in 28 USC 2244(d)(1)(A) to (D) and the LATEST governs, so all four must be captured before any date is produced. The clock is then suspended under 28 USC 2244(d)(2) for the whole of any period during which a properly filed State collateral attack is pending, and whether a State application was 'properly filed' and for how long it was 'pending' turns on State law and must be resolved State by State. Limb (C) can start a fresh year for every applicant whenever the Supreme Court recognises a new retroactive right. Federal prisoners are governed by the parallel but separately worded one-year period in 28 USC 2255(f), which is not this provision and must not be computed from it.

Extensions

Statutory tolling under 28 USC 2244(d)(2) for the whole of any period during which a properly filed State post-conviction or other collateral review application is pending. Equitable tolling is available on a showing of diligence and extraordinary circumstances, and a narrow actual innocence gateway exists. There is no FRCP 6(b) extension of a statutory limitation period.

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 USC 2244(d)(2) for the whole of any period during which a properly filed State post-conviction or other collateral review application is pending. Equitable tolling is available on a showing of diligence and extraordinary circumstances, and a narrow actual innocence gateway exists. There is no FRCP 6(b) extension of a statutory limitation period.
• A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
• Cannot be reduced to a single computed date. Four alternative accrual dates are given in 28 USC 2244(d)(1)(A) to (D) and the LATEST governs, so all four must be captured before any date is produced. The clock is then suspended under 28 USC 2244(d)(2) for the whole of any period during which a properly filed State collateral attack is pending, and whether a State application was 'properly filed' and for how long it was 'pending' turns on State law and must be resolved State by State. Limb (C) can start a fresh year for every applicant whenever the Supreme Court recognises a new retroactive right. Federal prisoners are governed by the parallel but separately worded one-year period in 28 USC 2255(f), which is not this provision and must not be computed from it.

These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.

• Correct trigger date from the docket, service record or filing receipt
• Any stipulation, scheduling order, standing order or local rule that changes the period
• Applicable legal holidays and any court closure notice
• Court time zone and the electronic or paper filing cutoff
• Current rules and any order entered in the case

Find answers about when this 1 year period starts, how it is counted, what can change it and how to keep your calculation.

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.

Rule record reviewed September 17, 2026. Guide sources checked September 1, 2026. Next source check November 15, 2026.

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.