Legal Definitions - aller sans jour

Aller sans jour is a legal phrase derived from Law French, which literally translates to "to go without day." In legal contexts, this term signifies a request for, or a ruling that results in, the final and complete dismissal of a lawsuit or legal proceeding. When a court grants a motion to "aller sans jour," it means the case is definitively concluded, and the parties are no longer required to appear before the court for that specific matter. It represents a permanent end to the litigation, preventing the case from being reopened or continued at a later date.

Here are some examples illustrating the application of "aller sans jour":

• Imagine a situation where a small business, "Green Gardens Landscaping," sues a former client for an unpaid bill. After several months of legal proceedings, Green Gardens realizes that the cost of continuing the lawsuit, including attorney fees and court costs, will likely exceed the amount they are trying to recover. Their legal team might then file a motion asking the court to aller sans jour, effectively requesting a final dismissal of their own lawsuit. This action would formally close the case, relieving both parties of any further obligation to appear in court for this specific dispute, and signaling a permanent end to the litigation.

• Consider a scenario where a consumer, Mr. Davies, files a lawsuit against a car manufacturer, alleging a defect in his new vehicle. The manufacturer's legal team reviews the complaint and discovers that Mr. Davies filed his lawsuit five years after the incident occurred, well past the state's three-year statute of limitations for such claims. The manufacturer's attorneys would file a motion to dismiss the case based on this legal technicality. If the judge agrees that the statute of limitations has indeed expired, the judge might issue an order to aller sans jour, meaning the case is permanently dismissed due to the legal time limit having passed. This prevents Mr. Davies from simply refiling the same lawsuit at a later date.

• Suppose two commercial landlords, Ms. Chen and Mr. Rodriguez, are embroiled in a complex dispute over shared property boundaries and maintenance responsibilities, which has led to a lawsuit. After extensive negotiations facilitated by a mediator, they reach a comprehensive settlement agreement outside of court, which includes specific terms for boundary adjustments, cost-sharing for repairs, and future cooperation. As part of formalizing their agreement and ensuring no future litigation on the same matter, their attorneys would jointly present the settlement to the court and request that the case aller sans jour. This ensures the court officially closes the file, confirming the dispute is resolved and cannot be reopened by either party.