Legal Definitions - day

In legal contexts, the term "day" can have several precise meanings, often differing from its everyday usage. It typically refers to a 24-hour period, but can also denote specific types of days for legal purposes, such as business operations, court schedules, or legislative sessions.

• Day (General Legal Meaning)

  Legally, a "day" most commonly refers to a continuous 24-hour period, often from midnight to midnight. It can also signify a specific date or period designated for a particular event or action.

  • Example 1: Contractual Deadline

    A construction contract might stipulate that a contractor has 90 days to complete a project from the date of signing. This means the contractor has 90 consecutive 24-hour periods, including weekends and holidays, to finish the work before facing potential penalties.

  • Example 2: Statutory Time Limit

    A statute of limitations for filing a personal injury lawsuit might require the claim to be brought within two years (or 730 days) of the incident. If the incident occurred on January 1, 2023, the lawsuit must be filed by January 1, 2025, marking the end of the 730-day period.

  • Example 3: Designated Event

    A judge might set a specific day for a final hearing in a divorce case. This refers to a particular calendar date on which the court proceedings for that hearing will take place, rather than a rolling 24-hour period.

• Answer Day

  The answer day is the specific deadline by which a defendant in a lawsuit must formally respond to the allegations made against them in a complaint. Failing to meet this deadline can result in a default judgment against the defendant.

  • Example 1: Civil Lawsuit Response

    After being served with a summons and complaint for a breach of contract, a small business owner typically has 21 days to file their formal answer with the court. The 21st day would be their answer day, marking the absolute last chance to submit their defense.

  • Example 2: Federal Court Procedure

    In a federal lawsuit, if a defendant agrees to waive formal service of process, they are often granted 60 days from the date the waiver request was sent to file their response. This 60th day then becomes their extended answer day.

  • Example 3: Eviction Proceedings

    In some jurisdictions, tenants facing eviction may have a shorter answer day, perhaps as little as five to seven days, to file a response to an eviction notice and appear in court.

• Business Day

  A business day is a day when most institutions, particularly banks and major stock exchanges, are open for business. It typically excludes Saturdays, Sundays, and legal holidays.

  • Example 1: Contractual Performance

    A software development contract might state that the final payment is due within five business days after project completion. If the project finishes on a Friday, and the following Monday is a national holiday, the five business days would start counting from Tuesday, making the payment due the following Monday.

  • Example 2: Loan Processing

    A bank advertises that it will process mortgage applications within three business days. If an applicant submits their paperwork on a Wednesday, they can expect a response by the following Monday, as Thursday and Friday count as business days, but Saturday and Sunday do not.

  • Example 3: Shipping Guarantees

    An online retailer guarantees delivery of an item within two business days. If an order is placed on a Tuesday, the item should arrive by Thursday. However, if it's placed on a Friday, it would be expected by the following Tuesday, as the weekend is excluded from the count.

• Calendar Day

  A calendar day refers to a continuous 24-hour period that runs from midnight to midnight. Unlike a business day, it includes all days of the week, regardless of whether they are weekends or holidays.

  • Example 1: Lease Notice Period

    A tenant's lease agreement requires them to provide 30 calendar days' notice before vacating the property. This means that if they give notice on the 1st of the month, the 30-day period includes all weekends and holidays, and they would be expected to vacate by the 31st.

  • Example 2: Warranty Coverage

    A new appliance comes with a warranty covering defects for 365 calendar days from the date of purchase. This means the warranty period runs continuously for a full year, without pausing for weekends or holidays.

  • Example 3: Government Permit Review

    A city planning department states that it will review zoning permit applications within 60 calendar days. This means the 60-day clock starts immediately upon submission and continues to run every day, including Saturdays, Sundays, and public holidays, until the review is complete.

• Clear Day

  A clear day refers to a full, uninterrupted 24-hour period that falls entirely between two specified events or dates. When a legal requirement specifies a number of "clear days," it means those days are counted without including the day the period begins or the day the event occurs.

  • Example 1: Meeting Notice

    A condominium association's bylaws require members to receive seven clear days' notice before an annual meeting. If the meeting is scheduled for the 15th of the month, the notice must be sent by the 7th, ensuring that the 8th, 9th, 10th, 11th, 12th, 13th, and 14th are all full, clear days between the notice and the meeting.

  • Example 2: Court Filing Deadline

    A court rule might require a party to file a response to a motion with at least three clear days before the scheduled hearing. If the hearing is on a Friday, the response must be filed by Monday, allowing Tuesday, Wednesday, and Thursday to be full, clear days before the hearing.

  • Example 3: Contractual Review Period

    A business agreement might grant one party two clear days to review and approve proposed changes to a document. If the changes are delivered on a Monday, the review period would encompass Tuesday and Wednesday, with the approval or rejection due by the end of Thursday.

• Court Day / Juridical Day

  A court day (also known as a juridical day) is a day on which a court is officially open and actively conducting legal business, such as hearings, trials, and accepting filings. These are typically weekdays, excluding weekends and legal holidays.

  • Example 1: Trial Scheduling

    A judge schedules a complex trial to last for five consecutive court days. If the trial begins on a Monday, it would conclude on the following Friday, assuming there are no holidays during that week.

  • Example 2: Filing Deadlines

    A court order might state that a particular document must be filed by the end of the next court day. If the order is issued on a Friday, the deadline would typically be the following Monday, as the court is closed over the weekend.

  • Example 3: Attorney Availability

    An attorney might tell a client they will be in court for a hearing on a specific juridical day, indicating it's a day when the court is in session and legal proceedings are taking place.

• Nonjudicial Day

  A nonjudicial day is a day when courts are closed and generally do not conduct legal proceedings. These typically include weekends and official legal holidays.

  • Example 1: Weekend Closures

    If a legal deadline for filing a document falls on a Saturday, which is a nonjudicial day, court rules often stipulate that the deadline is automatically extended to the next juridical day, usually the following Monday.

  • Example 2: Public Holidays

    New Year's Day, Thanksgiving, and Christmas are common nonjudicial days, meaning courts are closed, and no hearings or trials are scheduled on those dates.

  • Example 3: Emergency Filings

    While courts are generally closed on nonjudicial days, some urgent matters, such as emergency protective orders, may have special procedures for review by an on-call judge, even outside regular court hours.

• Legislative Day

  A legislative day is a period during which a legislative body (like a parliament or state assembly) is officially in session. Crucially, a legislative day does not necessarily align with a 24-hour calendar day; it begins when the body convenes and ends when it next recesses or adjourns to a different calendar day. A single legislative day can therefore span multiple calendar days.

  • Example 1: Bill Debate

    A state legislature might be debating a complex bill, and their rules allow for a maximum of three legislative days of debate. Even if the debate stretches over a calendar week due to recesses, it only counts as three legislative days as long as the body doesn't formally adjourn to a new calendar day.

  • Example 2: Session Count

    A state constitution might limit a legislative session to 90 legislative days. The assembly might meet only three times a week, meaning the 90 legislative days could extend over many more calendar days or even months.

  • Example 3: Quorum Requirements

    To pass certain legislation, a legislative body might require a quorum to be present for a specified number of legislative days. This ensures that members are present for a sufficient period of active session time, regardless of how many calendar days pass.

• Return Day

  A return day is a specific date by which a legal document, such as a writ or summons, must be officially returned to the court with proof that it has been executed or served, or by which a party must appear or file a response.

  • Example 1: Proof of Service

    When a process server delivers a summons and complaint to a defendant, they are typically given a return day, perhaps 30 days from the date of issuance, by which they must file a "proof of service" affidavit with the court, confirming the delivery.

  • Example 2: Writ of Execution

    If a court issues a writ of execution instructing a sheriff to seize a debtor's property, the writ will specify a return day by which the sheriff must report back to the court on whether the property was successfully seized or if the writ could not be executed.

  • Example 3: Election Results

    Following an election, there is often a statutory return day by which local election officials must certify the vote counts and transmit the official results to the state election board.