Aller sans jour is a French legal term that translates to "to go without day." This phrase is used in legal contexts to signify a request for a final dismissal of a case, indicating that no further court appearance is required. Historically, it was often associated with defendants who successfully resolved their cases, allowing them to conclude their legal matters without additional court dates.
This term is primarily used in civil and criminal law contexts. It denotes the conclusion of legal proceedings when a case is dismissed without the need for further appearances. This can be particularly relevant in various legal situations, such as:
Users may find templates on US Legal Forms that can assist with drafting motions for dismissal or similar documents related to this term.
Here are a couple of examples of abatement:
Example 1: A defendant in a criminal case successfully argues for dismissal based on lack of evidence. The court issues an order to aller sans jour, concluding the case without further hearings.
Example 2: In a civil lawsuit, the parties reach a settlement agreement. The plaintiff requests the court to aller sans jour, effectively ending the litigation process. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Variation |
|---|---|
| California | Allows for dismissal without prejudice under certain conditions. |
| New York | Requires specific procedural steps for a dismissal to be granted. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Dismissal | Ending a case before a verdict is reached. | Aller sans jour is a specific type of dismissal with no future court dates. |
| Without Prejudice | A dismissal that allows the case to be refiled in the future. | Aller sans jour typically signifies a final resolution. |
If you find yourself in a situation where aller sans jour is relevant, consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by jurisdiction and case type. |
| Jurisdiction | Applicable in both civil and criminal courts. |
| Possible Outcomes | Final dismissal of the case. |