US federal district courts
What is the deadline for presentation of an administrative claim under the Federal Tort Claims Act?
Presentation of an administrative claim under the Federal Tort Claims Act is governed by 28 USC 2401(b). This page does not calculate a date. The two-year period itself is certain, but the rollover behaviour is not and must not be inherited from the catalogue's FRCP 6(a) computation object. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 2 years
- Trigger
- Accrual of the tort claim
- Rule
- 28 USC 2401(b)
Federal Rules of Civil Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
The two-year period itself is certain, but the rollover behaviour is not and must not be inherited from the catalogue's FRCP 6(a) computation object. The act required by 28 USC 2401(b) is presentation of a written claim to the appropriate federal agency, not a filing in a United States district court, and FRCP 1 confines the Federal Rules of Civil Procedure to proceedings in the district courts. Whether a presentation deadline falling on a Saturday, Sunday or legal holiday rolls forward is therefore governed by the agency's own regulations, principally 28 CFR 14.2 together with the relevant agency's rules, and must be confirmed there before any date is presented. The consequence of getting this wrong is absolute on the statutory words: the claim is 'forever barred'. This is the same treatment the catalogue already correctly applies to the EEOC charge periods.
Read 28 USC 2401A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues
28 USC 2401(b)
Which date starts the 2 years period?
The period runs from the accrual of the tort claim.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read 28 USC 2401A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues
28 USC 2401(b)
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 2 years 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.
The two-year period itself is certain, but the rollover behaviour is not and must not be inherited from the catalogue's FRCP 6(a) computation object. The act required by 28 USC 2401(b) is presentation of a written claim to the appropriate federal agency, not a filing in a United States district court, and FRCP 1 confines the Federal Rules of Civil Procedure to proceedings in the district courts. Whether a presentation deadline falling on a Saturday, Sunday or legal holiday rolls forward is therefore governed by the agency's own regulations, principally 28 CFR 14.2 together with the relevant agency's rules, and must be confirmed there before any date is presented. The consequence of getting this wrong is absolute on the statutory words: the claim is 'forever barred'. This is the same treatment the catalogue already correctly applies to the EEOC charge periods.
Can an order, motion or extension change the deadline?
- Extensions
- The Supreme Court has held that this period is NOT jurisdictional and IS subject to equitable tolling in appropriate cases, overruling the previous contrary understanding in several circuits. Equitable tolling nonetheless requires diligence and extraordinary circumstances.
- 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.
- The Supreme Court has held that this period is NOT jurisdictional and IS subject to equitable tolling in appropriate cases, overruling the previous contrary understanding in several circuits. Equitable tolling nonetheless requires diligence and extraordinary circumstances.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- The two-year period itself is certain, but the rollover behaviour is not and must not be inherited from the catalogue's FRCP 6(a) computation object. The act required by 28 USC 2401(b) is presentation of a written claim to the appropriate federal agency, not a filing in a United States district court, and FRCP 1 confines the Federal Rules of Civil Procedure to proceedings in the district courts. Whether a presentation deadline falling on a Saturday, Sunday or legal holiday rolls forward is therefore governed by the agency's own regulations, principally 28 CFR 14.2 together with the relevant agency's rules, and must be confirmed there before any date is presented. The consequence of getting this wrong is absolute on the statutory words: the claim is 'forever barred'. This is the same treatment the catalogue already correctly applies to the EEOC charge periods.
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 2 years 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 accrual of the tort claim, or when I first learned of it?
The period runs from the accrual of the tort claim 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 2401Do 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 accrual of the tort claim, 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?
The Supreme Court has held that this period is NOT jurisdictional and IS subject to equitable tolling in appropriate cases, overruling the previous contrary understanding in several circuits. Equitable tolling nonetheless requires diligence and extraordinary circumstances. A request does not itself extend the period, and no discretionary extension is calculated here.
Read 28 USC 2401Do 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 USC 2401(b) | 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.