Federal · Title 28 — Judiciary and Judicial Procedure

28 U.S.C. § 2263: Filing of habeas corpus application; time requirements; tolling rules

Civil

What this law says, in plain English

This statute sets procedural deadlines and tolling rules for filing federal habeas corpus petitions in district court, establishing when applications must be filed and under what circumstances the filing deadline may be extended.

Read the full statutory text
Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review. from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review; from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition; and a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.

Verify at the official source: Federal legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.