Guide
Tracking the Speedy Trial Act clock: 18 U.S.C. § 3161
Updated 2026-09-18 · 4 min read
Under 18 U.S.C. § 3161(c)(1), trial in a federal criminal case must generally begin within 70 days of the later of the filing of the indictment or information and the defendant's first appearance before a judicial officer of the charging court. Certain periods of delay listed in § 3161(h) are excluded. Tracking the clock means recording the start date, every excluded period with its statutory basis, and an attorney's confirmation of each exclusion.
Why the clock deserves a system
The Speedy Trial Act is arithmetic, but the inputs change all the time: a motion is filed, a continuance is granted, a codefendant is added, a hearing is taken under advisement. Many offices keep the count on paper or in the assigned attorney's head. The consequence of a miss is serious. Under § 3162(a)(2), if a defendant is not brought to trial within the time limit, the information or indictment shall be dismissed on the defendant's motion, and the court decides whether the dismissal is with or without prejudice. A clock that is visible on the matter, shows its arithmetic, and records who confirmed each exclusion is a modest investment against that risk.
When the clock starts
Section 3161(c)(1) runs the 70 days from the filing date of the information or indictment, or from the date the defendant appeared before a judicial officer of the court in which the charge is pending, whichever is later. Where the defendant first appeared on a complaint before indictment, courts have treated the start date differently from a simple ‘later of’ reading, so check your circuit's case law on which appearance counts. Section 3161(b) sets a separate 30-day limit from arrest or service of summons to the filing of the charge, with an extension for a felony charge in a district where no grand jury has been in session during that time. Section 3161(c)(2) adds a floor: unless the defendant consents in writing, trial may not begin less than 30 days from the date counsel first appears.
Excludable delay under § 3161(h)
Section 3161(h) lists the periods of delay that are excluded in computing the time. Two come up constantly. Under § 3161(h)(1)(D), delay resulting from a pretrial motion is excluded from the filing of the motion through the conclusion of the hearing on, or other prompt disposition of, the motion. Separately, § 3161(h)(1)(H) excludes delay while a proceeding is actually under advisement by the court, for up to 30 days. The Supreme Court held in Henderson v. United States (1986) that the (h)(1)(D) exclusion does not turn on whether the delay was reasonable. Under § 3161(h)(7)(A), a continuance granted on the court's finding that the ends of justice served outweigh the best interest of the public and the defendant in a speedy trial is excluded, but only if the court sets forth in the record, orally or in writing, its reasons for that finding. Zedner v. United States (2006) makes clear that the findings requirement is not a formality. Section 3161(h)(7)(C) bars an ends-of-justice continuance based on general court congestion or the government's lack of diligent preparation. Other subsections cover competency proceedings, interlocutory appeals, transfers, unavailable essential witnesses, codefendants and more. Circuits differ on some counting details, so check yours.
Record the basis, and have an attorney confirm it
Every excluded period should carry four things: its start and end dates, the subsection it relies on, what triggered it (the motion, the order, the hearing), and who confirmed it. For an ends-of-justice exclusion, record where the court stated its findings and on what date. An exclusion nobody has confirmed should still be counted against the clock. That is the conservative choice: it is better to see fewer days remaining than to discover at a motion to dismiss that an assumed exclusion does not hold. Paralegals and case agents can enter proposed exclusions; an attorney should decide whether each one applies.
How Prosequi handles it
The Speedy Trial tab on a federal matter shows days used, days remaining and the last day, a day-by-day timeline, and the arithmetic with each rule cited. Exclusions are created unconfirmed and count only after an attorney confirms them. An ends-of-justice exclusion cannot be confirmed until the court's on-the-record findings are entered. When the last day falls on a weekend or federal holiday, the tab says so and leaves any extension to the attorney. Continuances captured through Bench Order Capture can be offered on the tab as unconfirmed exclusions. The clock implements the federal Act only; state speedy-trial rules and constitutional speedy-trial analysis are out of scope. The Monday Docket Brief shows days left on each federal matter.
What a clock cannot tell you
A tool can count days. It cannot decide whether a period is excludable, whether a codefendant delay was reasonable, or whether a superseding indictment restarts anything. Those are legal judgments for the attorney, informed by the record and the circuit's law. Treat the clock as a prompt to look, not as an answer.
Not legal advice
This guide summarizes parts of the Speedy Trial Act conservatively and describes how Prosequi records them. It is not legal advice. The statute, controlling case law, local rules and your office's policy govern.