Legal Definitions - clear day

In legal contexts, a clear day refers to a specific method of calculating a period of time where both the starting day and the ending day of the period are excluded from the count. This ensures that the full, specified number of days falls entirely between the initial event and the final event. It is commonly used for notice periods or deadlines to guarantee that a party has the complete duration to prepare, respond, or act without the day of the event itself being counted.

• Example 1: Notice Period for a Meeting

  Imagine a company's bylaws state that shareholders must receive "7 clear days" notice before an annual general meeting. If the notice is sent out on Monday, October 1st, the meeting cannot be held until Tuesday, October 9th. The day the notice is sent (October 1st) and the day of the meeting (October 9th) are not counted. The seven full days counted are October 2nd, 3rd, 4th, 5th, 6th, 7th, and 8th. This ensures shareholders have a full week to review materials and plan to attend.

• Example 2: Deadline for Submitting Documents

  A court order requires a party to file a response "within 10 clear days" of receiving a complaint. If the complaint is received on Wednesday, November 6th, the response would be due on Saturday, November 16th. The day the complaint was received (November 6th) and the day the response is due (November 16th) are both excluded from the count. The 10 clear days are the full days from November 7th through November 15th, making November 16th the earliest possible due date for the submission.

• Example 3: Contractual Review Period

  A business contract stipulates that one party must provide the other with "3 clear days" to review a proposed amendment before it becomes binding. If the amendment is delivered on Friday, December 1st, the earliest it can become binding is Tuesday, December 5th. December 1st (delivery day) and December 5th (binding day) are not included in the count. The three clear days are Saturday, December 2nd; Sunday, December 3rd; and Monday, December 4th, giving the receiving party a full three-day window to consider the changes.