Legal Definitions - go without day

The legal term go without day refers to the situation where a party involved in a legal proceeding is formally dismissed from court without any requirement to appear again for that particular matter. It signifies that the case, or that party's involvement in it, has concluded, at least for the present, and no future court date has been scheduled for them. Essentially, they are free from further obligation to the court regarding that specific issue.

Here are some examples illustrating this concept:

• Example 1: Dismissal of a Civil Lawsuit

  Imagine a scenario where a company, "Tech Innovations Inc.," sues a former employee for breach of contract. After reviewing the evidence, the judge determines that Tech Innovations Inc. has not presented sufficient grounds for their claim and dismisses the lawsuit entirely. In this situation, the former employee is said to go without day.

  This illustrates the term because the employee is no longer required to appear in court for this specific legal dispute. The case against them has concluded, and no future court dates are set for their involvement.

• Example 2: Dropping of Criminal Charges

  Consider a person who was initially charged with a minor offense, such as shoplifting. After further investigation, the prosecutor finds new evidence that strongly suggests the person was not involved, or decides that pursuing the case is not in the public interest. The prosecutor then formally drops the charges against the individual. The accused person would then go without day.

  Here, the individual is released from their obligation to appear in court for the criminal charges. Their involvement with the court regarding that specific accusation has ended, and they are not expected to return for it.

• Example 3: Resolution for One Party in a Multi-Party Case

  Suppose a complex construction defect lawsuit involves a homeowner suing the builder, the architect, and the plumbing subcontractor. During the discovery phase, it becomes clear that the plumbing subcontractor's work was entirely compliant with the plans and industry standards, and they bear no responsibility for the defects. The homeowner and other parties agree to release the plumbing subcontractor from the lawsuit, and the judge formally approves this dismissal. The plumbing subcontractor would then go without day.

  This example demonstrates that even if the overall lawsuit continues between the homeowner, builder, and architect, the plumbing subcontractor's specific involvement has concluded. They are no longer required to participate in future proceedings related to this case.