Day/Night is a state that can change over the course of the game, but is not controlled by either player. Once created, it continues to be tracked, even if there are no objects in the game that care about the current state. It is the responsibility of both players to track the current state and point out when it is represented incorrectly by the shared method being used to track it.
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Day/Night status is brought into the game by certain double faced cards like, Brutal Cathar. When Day, it changes to night if a player casts no spells during their own turn. It doesn’t change to night until the next turn. Similarly, when it’s Night, a player needs to cast two or more spells during their turn for it to become Day next turn.
As you can see there’s a lot going on with this mechanic and it continues to go on even if there are no cards with Daybound/Nightbound on them for the rest of the game.
Because responsibility for the state is shared, an erroneously-represented state should be handled as a Communication Policy Violation, but neither player receives the Warning.
While it is certainly true that one player initially introduced the Day/Night status to the game, both players are fully responsible for this; however, no Communication Procedure Violation warning is given. That said, you may still apply the the rest of the CPV fix if a player made a decision relying upon it being Night when it is in fact Day.
If the players and judges are unable to determine the current status, the judge should assume it is Night, as a turn with no spells played is more likely to be forgotten than a turn with multiple spells played.
You shouldn’t immediately set the game to Night. First, talk to the players about what they remember from the most recent turns. If you and the players can figure it out correctly, set the status to its current state and issue no penalties to either player. Only when you cannot figure it out default to Night. You still give no penalties, though you may remind players to play more mindfully.
