US federal district courts
What is the deadline for refiling a supplemental state-law claim after dismissal from federal court?
Refiling a supplemental state-law claim after dismissal from federal court is governed by 28 USC 1367(d). This page does not calculate a date. Cannot be reduced faithfully to a single computed date. Read the rule text and the noted conditions before relying on any date.
Read why no date is calculated- Period
- 30 calendar days
- Trigger
- Dismissal of the supplemental claim by the federal court
- Rule
- 28 USC 1367(d)
Federal Rules of Civil Procedure amended through 2025
Source guide · No automated date
Why this page does not calculate a date
Cannot be reduced faithfully to a single computed date. Section 1367(d) suspends the state limitation period while the supplemental claim is pending in federal court and for 30 days after dismissal; the operative deadline is therefore the state period as extended, so the unexpired residue of the state clock at the moment the federal action was commenced must be captured and added to the 30 days. The refiling is also made in a state court, so FRCP 6(a) does not govern the rollover and the forum state's computation rules apply. Both inputs must be resolved before any date is produced.
Read 28 USC 1367The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.
28 USC 1367(d)
Which date starts the 30-day period?
The period runs from the dismissal of the supplemental claim by the federal court.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read 28 USC 1367The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period.
28 USC 1367(d)
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 30 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 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.
Cannot be reduced faithfully to a single computed date. Section 1367(d) suspends the state limitation period while the supplemental claim is pending in federal court and for 30 days after dismissal; the operative deadline is therefore the state period as extended, so the unexpired residue of the state clock at the moment the federal action was commenced must be captured and added to the 30 days. The refiling is also made in a state court, so FRCP 6(a) does not govern the rollover and the forum state's computation rules apply. Both inputs must be resolved before any date is produced.
Can an order, motion or extension change the deadline?
- Extensions
- The 30 days is a statutory floor and is displaced where state law provides a longer tolling period. The Supreme Court has construed the provision as a genuine suspension of the state clock rather than a bare grace period, so the residue of the state period survives the federal action.
- 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 30 days is a statutory floor and is displaced where state law provides a longer tolling period. The Supreme Court has construed the provision as a genuine suspension of the state clock rather than a bare grace period, so the residue of the state period survives the federal action.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
- Cannot be reduced faithfully to a single computed date. Section 1367(d) suspends the state limitation period while the supplemental claim is pending in federal court and for 30 days after dismissal; the operative deadline is therefore the state period as extended, so the unexpired residue of the state clock at the moment the federal action was commenced must be captured and added to the 30 days. The refiling is also made in a state court, so FRCP 6(a) does not govern the rollover and the forum state's computation rules apply. Both inputs must be resolved before any date is produced.
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 30-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 dismissal of the supplemental claim by the federal court, or when I first learned of it?
The period runs from the dismissal of the supplemental claim by the federal court 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 1367Do 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 dismissal of the supplemental claim by the federal court, so no mailing days are added.
FRCP 6(d)Counting days and filing
Is it 30 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?
The 30 days is a statutory floor and is displaced where state law provides a longer tolling period. The Supreme Court has construed the provision as a genuine suspension of the state clock rather than a bare grace period, so the residue of the state period survives the federal action. A request does not itself extend the period, and no discretionary extension is calculated here.
Read 28 USC 1367Do 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 1367(d) | 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.