DAY IN COURT

Definition of DAY IN COURT in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DAY IN COURT

The time appointed for one whose rights are called judicially in question, or liable to be affected by judicial action, to appear in court and be heard in his own behalf. This phrase, as generally used, means not so much the time appointed for a hearing as the opportunity to present one's claims or rights in a proper forensic hearing before a competent tribunal. See Ferry v. Car Wheel Co., 71 Vt. 457, 45 A. 1035, 76 Am.St.Rep. 782.

A litigant has his "day in court" when he has been duly cited to appear and has been afforded an opportunity to appear and to be heard. Cohen v. City of Houston, Tex.Civ.App., 185 S.W.2d 450, 452; In re Hampton's Estate, 55 Cal.App.2d 543, 131 P.2d 565, 573; State ex rel. Allstate Ins. Co. v. Bowen, 130 Ohio St. 347, 199 N.E. 355, 363.

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