What is the definition of the legal term a "clear day"

pirelli

In the Irish civil courts, all proceeding must be submitted to the party or court office within a number of clear days.

Say you must serve a party within 4 clear days, could you serve them on a friday and take advantage of saturday and sunday so that they only really have two working days to deal with the matter.

Does a clear day mean a working day?

Tom Young

Order 122 of the Rules for Superior Courts. Don't know about Circuit - probably similar. www.courts.ie

pirelli

Thank you Tom.

I wonder if a clear day in fact is the opposite of this rule.



Order: 122


1. Where by these Rules, or by any order, time for doing any act or taking any proceeding is limited by months, such time shall be computed by calendar months, unless otherwise expressed.

2. Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceeding, Saturday, Sunday, Christmas Day and Good Friday shall not be reckoned in the computation of such limited time.

10. In any case in which any particular number of days, not expressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day.

pirelli

When serving a motion under the circuit court rules, it seems that at least 4 clear days must exist between service and the day in the notice for hearing. As this is an existing circuit court rule would the supreme court order 122 not apply. Hence is 4 clear days, simply 4 clear days including saturday,sunday,christmas day and Good friday.

Circuit court order 64.
Motions


No64-S.I. No. 542 Of 2004: Personal Injuries Assessment Board



2. Except where otherwise provided by these Rules, or unless the Judge gives special leave to the contrary, there must be at least four clear days between the service of a notice of motion and the day named in the notice for hearing the motion.

3. Any affidavits to be used in support of any motion on notice shall be mentioned in the notice of motion and copies thereof shall be served therewith and no such affidavit shall be used without the leave of the Judge unless the same shall have been filed.

johnnyskeleton

I think clear days means full calendar days from midnight to midnight rather than 24 hour periods.

For example:

Between 10am Monday and 10am Friday is 96 hours (i.e. 4 24 hour periods), but 4 clear days would be Tuesday, Wednesday, Thursday and Friday i.e. there are 4 clear days between Monday and Saturday.

pirelli

johnnyskeleton wrote: »

I think clear days means full calendar days from midnight to midnight rather than 24 hour periods.

For example:

Between 10am Monday and 10am Friday is 96 hours (i.e. 4 24 hour periods), but 4 clear days would be Tuesday, Wednesday, Thursday and Friday i.e. there are 4 clear days between Monday and Saturday.

Thanks Johnny skeleton. It also excludes first and last day of the event. What i would like to know is whether it includes saturday,sunday and christmas day.

pirelli

johnnyskeleton wrote: »

I think clear days means full calendar days from midnight to midnight rather than 24 hour periods.

For example:

Between 10am Monday and 10am Friday is 96 hours (i.e. 4 24 hour periods), but 4 clear days would be Tuesday, Wednesday, Thursday and Friday i.e. there are 4 clear days between Monday and Saturday.

Do they not have to be business days.

Victor

johnnyskeleton wrote: »

I think clear days means full calendar days from midnight to midnight rather than 24 hour periods.

For example:

Between 10am Monday and 10am Friday is 96 hours (i.e. 4 24 hour periods), but 4 clear days would be Tuesday, Wednesday, Thursday and Friday i.e. there are 4 clear days between Monday and Saturday.

Order: 122

10. In any case in which any particular number of days, not expressed to be clear days, is prescribed by these Rules, the same shall be reckoned exclusively of the first day and inclusively of the last day.

So there are 4 clear days between Monday and Friday, not Saturday.

pirelli wrote: »

Thanks Johnny skeleton. It also excludes first and last day of the event. What i would like to know is whether it includes saturday,sunday and christmas day.

Order: 122

2. Where any limited time less than six days from or after any date or event is appointed or allowed for doing any act or taking any proceeding, Saturday, Sunday, Christmas Day and Good Friday shall not be reckoned in the computation of such limited time.

It would appear time stops for Saturday, Sunday, Christmas Day and Good Friday, so from Wednesday to Wednesday of an ordinary week is 5 clear days (Thursday, Friday, Monday, Tuesday, Wednesday)

pirelli

There is a type of understanding that the rule of the superior court only exist where no rules clear rules apply in the lower courts.Take order 64 of the circuit court it cannot be replaced by the superior courts order 122.

So what does it mean by 4 clear days.

Circuit court order 64.
Motions
2. Except where otherwise provided by these Rules, or unless the Judge gives special leave to the contrary, there must be at least four clear days between the service of a notice of motion and the day named in the notice for hearing the motion.