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Ely
Ely, Counselor at Law
Category: Legal
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What is the legal definition of "midnight"? Is the term, "midnight

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What is the legal definition of "midnight"? Is the term, "midnight Sunday", defensible in law as Sunday/Monday, as opposed to Saturday/Sunday? meaning in a contract situation that takes affect or ends at midnight would be sunday in the AM so midnight sunday is 12:oo am. Also any answer should include case law that would back up that answer.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

This depends on the situation. Can you please tell me:

1) Does this have to do with filing something and missing the deadline; or
2) Is the term "midnight" included in a contract (if so, what is the verbiage, exactly) and is contested; or
3) Something else?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.

It has to do with a missed deadline.


 


And the term "Midnight " does appear in the contract/agreement

Expert:  Ely replied 11 months ago.
Friend,

Thank you. Missed deadline for what (I am sorry, I hate to keep asking, but the devil is in the details)?

So in essence, I would need to know a bit more to give you an accurate answer.
Customer: replied 11 months ago.


I have a tenant that is vacating my house before being evicted. I received a notarized doc saying he would be out by midnight. Midnight to my recollection is in the mornong

Expert:  Ely replied 11 months ago.
Thank you for your clarification. I need to know one more thing:

1) How many days did you give them to leave; and
2) What is the cause for eviction?

The reason I ask is because I am attempting to match up your notice to any landlord/tenant code that may clarify the matter.
Customer: replied 11 months ago.


13 days served the "Demand for Compliance or Possession" due to city code violations.


 


I am surrendering certain monies owed me for the tenant to be out by that date and time and I am not serving the "summons in forcible entry and unlawful detainer"

Expert:  Ely replied 11 months ago.
Thank you, friend.

Imagine the statutes as a brick wall and case precedent as mortar. The statutes try to have a law for every nuance, but of course, they fail. If so, case precedent "fills in the holes" to make the body of law more concrete.

Ergo, if there is nothing in the statutes, then we fall back on case law to see if the Court has clarified anything for such a contingency.

In Colorado, there is no definition of what is "midnight" in Colorado law. More specifically, there is no such definition in the Uniform Residential Landlord & Tenant Act adopted by CO in 38.12.5 et seq, as it applies to this matter.

Since this is the case, we seek case precedent. There is no case precedent that explains what "midnight" means. As such, then the Court makes a decision on a case by case basis if the verbiage is unclear and the words are ambiguous. Hecla Min. Co. v. New Hampshire Ins. Co., 811 P. 2d 1083 - Colo: Supreme Court 1991.

When determining the plain and ordinary meaning of words, definitions in a recognized dictionary may be considered. People v. Forgey, 770 P.2d 781, 783 (Colo.1989) Then, the Court would solve the matter by "interpreting the questionable ambiguity contrary to the plainly expressed terms of the contract document." National, 393 F.Supp. 1128; Blomeley, 137 A.2d 428; Quigley, 373 A.2d 810. Ordinary use of the words are also considered, of course.

Merriam-Webster defines it as "the middle of the night; specifically : 12 o'clock at night."

Ergo, at 12:00 am, it is midnight - any/every day.

Is the term, "midnight Sunday", defensible in law as Sunday/Monday, as opposed to Saturday/Sunday?

No, it is not. Rather, it is not in the landlord/tenant law. In terms of filing, there is the concept of "next business day." This is not included in Colorado's landlord/tenant law/

I hope this helps and clarifies. Good luck.

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Ely, Counselor at Law
Category: Legal
Satisfied Customers: 85086
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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