Legal Definitions - without day

The legal term "without day" signifies that a court or other official body has concluded its proceedings concerning a particular matter or party, and no future date has been set for its resumption or for that party's return. It indicates an indefinite dismissal or adjournment, meaning the matter is effectively closed for the time being, without a specific timeline for reconsideration.

Here are some examples to illustrate this concept:

• Example 1: Procedural Dismissal of a Civil Case

  Imagine a situation where a person files a lawsuit against another, but due to a technical error, such as failing to properly notify the defendant within the legally required period, the court cannot proceed. The judge might then dismiss the case "without day."

  Explanation: This means the current lawsuit is closed by the court, and no new hearing or action is scheduled. The plaintiff might have the option to correct the error and refile the lawsuit as a new case in the future, but for now, the existing legal action is concluded, and the defendant is no longer obligated to participate in it.

• Example 2: Excusing a Party from Ongoing Litigation

  Consider a complex lawsuit involving multiple companies, such as a construction project where many contractors and subcontractors are sued over a defect. If, early in the process, it becomes clear that one particular subcontractor has no liability for the alleged defect, the court might order that this subcontractor is dismissed "without day" from the case.

  Explanation: This action formally removes the subcontractor from the ongoing legal proceedings. They are no longer required to attend hearings, respond to legal requests, or incur further legal expenses related to that specific lawsuit, as no future date is set for their involvement.

• Example 3: Legislative Committee Action

  In a legislative body, a committee might be reviewing a proposed bill. If there isn't enough support to pass the bill, but members also don't want to vote it down directly, the committee might vote to adjourn "without day" on the bill.

  Explanation: This effectively shelves the bill indefinitely. No future meeting is scheduled to discuss or vote on it, meaning it is unlikely to progress further in the current legislative session unless a new motion is made to revive it. This demonstrates the concept of indefinite postponement outside of a judicial setting.