Also known as: waiver
Written by attorneys · grounded in primary & secondary sources — see below
A voluntary and knowing surrender of a legal right or privilege. The standard requires that the party relinquishing the right understand both the nature of the right and the consequences of giving it up.
Select any source to read its text and confirm it supports the definition.
Landlord leased a warehouse to Tenant knowing it needed roof repairs for Tenant's intended storage use. Tenant moved inventory in after requesting repairs and waited two months without action. Tenant then terminated and sued for damages. The court held Tenant's entry did not waive remedies because Tenant lacked full awareness that continued occupancy would forfeit pre-entry claims under the lease terms.
Defendant in a felony trial told the judge he wanted to fire counsel and proceed alone. The judge questioned Defendant about the charges, possible penalties, and rules of evidence before allowing the change. Because Defendant demonstrated a rational understanding of the proceedings and the risks of forgoing counsel, the waiver was valid and self-representation proceeded.
Prospective spouse signed a premarital agreement without counsel present. The document contained no plain-language explanation of the rights being waived. After the marriage ended the court refused to enforce the waiver provisions because the signing party lacked independent representation and the required disclosures.
Biological father learned of his child's proposed adoption six weeks after birth and immediately filed an objection. The agency argued his earlier failure to visit constituted waiver. The court rejected that claim because the father had never received clear notice of the adoption proceedings or been advised of the need to assert rights promptly.
Plaintiff mailed a waiver-of-service request to Defendant's counsel. Defendant signed and returned the form within the sixty-day window. Because the signed waiver was timely, Defendant's answer deadline extended automatically and any later objection to service was barred.
Shareholder received notice of an annual meeting but signed a written waiver and delivered it to the corporation before the meeting date. The waiver was filed with the corporate records. At the meeting the shareholder could not later object to lack of notice because the signed writing constituted a valid relinquishment of that right.
The court must determine that the defendant possesses a rational and factual understanding of the proceedings and appreciates the consequences of proceeding without counsel. The waiver must be knowing, intelligent, and voluntary.
No. The agreement must also lack the required plain-language notice of the rights being waived. Absence of independent counsel is one factor but the statutory test also examines whether the document itself supplied adequate explanation.
…to the presence of an attorney, either retained or appointed. The defendant may waive effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however, he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before speaking there…
…becomes in some years little more than 1 per cent." In the United States, where it has not been as generally assumed that jury waiver is permissible, the statistics are only slightly less revealing. Two experts have estimated that, of all prosecutions for crimes triable to a jury, 75% are settled by guilty plea and 40% of…
…simple structure would suffice.[^maj-23] For example, Congress could enact a statute along the following lines: (a) a
…answer to the question might well have either connected petitioner with a more recent crime, or at least have operated as a waiver of his privilege
…by reading from an FBI Advice of Rights form. Defendant read the form, indicated that he understood his
Entry waives remedies only when the lease validly provides for waiver and the tenant's conduct shows intentional relinquishment of known rights. Mere occupancy after notice does not automatically constitute waiver if the tenant continues to demand repairs.
No. Once the signed written waiver is delivered to the corporation and filed with the minutes it is effective and irrevocable for that meeting.
No. Waiver requires clear evidence that the parent knew of the adoption proceeding and intentionally relinquished the right to object. Lack of notice or ambiguous conduct prevents a finding of waiver.