US federal district courts
What is the deadline for answer by the United States or a federal agency or officer sued in an official capacity?
The period for answer by the United States or a federal agency or officer sued in an official capacity normally runs 60 calendar days from service on the United States attorney under FRCP 4(i)(1)(A), under FRCP 12(a)(2). 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
- 60 calendar days
- Trigger
- Service on the United States attorney under FRCP 4(i)(1)(A)
- Rule
- FRCP 12(a)(2)
Federal Rules of Civil Procedure amended through 2025
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Calculate your deadline
Enter the date of service on the United States attorney under FRCP 4(i)(1)(A). See the date, cited rule and counting steps.
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Which date starts the 60-day period?
The period runs from the service on the United States attorney under FRCP 4(i)(1)(A).
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read Rule 12The United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint, counterclaim, or crossclaim within 60 days after service on the United States attorney.
FRCP 12(a)(2)
This period runs from service as the rule defines it. Do not substitute the filing date, the day a courtesy copy arrived or the day you first read the paper.
Which date do I enter?How are the 60 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 service on the United States attorney under FRCP 4(i)(1)(A) on Tuesday, September 1, 2026 (service on the United States attorney under FRCP 4(i)(1)(A) 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 last counted day falls on a weekend or legal holiday, so the deadline moves to the next open day. The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Service | Do not count this day | September 1, 2026 |
| Day 1 | Start counting calendar days | September 2, 2026 |
| Day 60 | Last counted day falls on a weekend or legal holiday | October 31, 2026 |
| Adjusted | Next day that is not a weekend or legal holiday | November 2, 2026 |
Can an order, motion or extension change the deadline?
- Extensions
- Extendable under FRCP 6(b)(1). FRCP 4(i)(4) separately requires the court to allow a reasonable time to cure a defective multi-part service on the United States.
- 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.
- Extendable under FRCP 6(b)(1). FRCP 4(i)(4) separately requires the court to allow a reasonable time to cure a defective multi-part service on the United States.
- 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 60-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 service on the United States attorney under FRCP 4(i)(1)(A), or when I first learned of it?
The period runs from the service on the United States attorney under FRCP 4(i)(1)(A) 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 Rule 12Do I add three days because the paper was served by mail?
FRCP 6(d) adds three days only after the listed non-electronic methods of service, such as mail. Electronic service through the court’s filing system does not add days. Check how service was actually made before adding anything.
FRCP 6(d)Counting days and filing
Is it 60 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?
Extendable under FRCP 6(b)(1). FRCP 4(i)(4) separately requires the court to allow a reasonable time to cure a defective multi-part service on the United States. A request does not itself extend the period, and no discretionary extension is calculated here.
Read Rule 12Do 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 |
|---|---|
| FRCP 12(a)(2) | Trigger and period |
| FRCP 6(a) | Counting, legal holidays and the last day |
| FRCP 6(d) | Three added days after listed non-electronic service |
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.