FOIA Deadlines and Your Legal Rights When Agencies Miss Them

Under 5 U.S.C. § 552(a)(6)(A), federal agencies must respond to a FOIA request within 20 business days of receiving it. This deadline can be extended by 10 additional business days in "unusual circumstances" — such as when the request involves a voluminous number of records, requires consultation with another agency, or requires searching multiple offices. The agency must notify you in writing if it invokes this extension.

A "response" means the agency must make a determination — either granting or denying your request, in whole or in part. Simply acknowledging receipt of your request does not satisfy the deadline. The agency must actually tell you what it found and whether it will release the records.

When an agency fails to respond within the statutory deadline, the requester is deemed to have "exhausted" their administrative remedies by operation of law under 5 U.S.C. § 552(a)(6)(C). This means you do not need to file an administrative appeal before going to court — you can file a lawsuit immediately.

Under 5 U.S.C. § 552(a)(4)(B), you can file a complaint in U.S. district court in any of these venues: • The district where you reside • The district where you have your principal place of business • The District of Columbia • The district where the agency records are located The burden is on the agency to justify withholding any records. The court reviews the agency's decision de novo (from scratch).

If you "substantially prevail" in a FOIA lawsuit, the court may award reasonable attorney fees and litigation costs under 5 U.S.C. § 552(a)(4)(E). This fee-shifting provision is designed to encourage FOIA litigation and make it economically feasible for individuals to enforce their rights. Many FOIA attorneys work on a fee-shifting basis, meaning you may not need to pay upfront legal fees.