28 U.S.C. § 2416 — Time for commencing actions brought by the United States—Exclusions
submitted 60 years ago by Pub. L. 89-505 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 125 words · no verdicts yet
When calculating section 2415 deadlines, this section excludes certain periods, including time outside the United States, legal disability or immunity, unknowable material facts, and a declared war.
For calculating section 2415’s time limits, exclude all periods when (a) the defendant or property involved is outside the United States, its territories or possessions, the District* of Columbia, or Puerto Rico; (b) the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or another reason; (c) a responsible United States official does not know, and reasonably could not know, facts material to the claim; or (d) the United States is in a war declared under article I, section 8, of the Constitution.
For the purpose of computing the limitations periods established in section 2415, there shall be excluded all periods during which—
the defendant or the res is outside the United States, its territories and possessions, the District* of Columbia, or the Commonwealth of Puerto Rico; or
the defendant is exempt from legal process because of infancy, mental incompetence, diplomatic immunity, or for any other reason; or
facts material to the right of action are not known and reasonably could not be known by an official of the United States charged with the responsibility to act in the circumstances; or
the United States is in a state of war declared pursuant to article I, section 8, of the Constitution of the United States.
Source credit: (Added Pub. L. 89–505, § 1, July 18, 1966, 80 Stat. 305.)
- 1966Enacted · Pub. L. 89-505 · 80 Stat. 305
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-505 on 1966-07-18.
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