Also known as: waive · waives · waived · waiving · waivers · waivery · relinquishment of rights
Written by attorneys · grounded in primary & secondary sources — see below
The voluntary relinquishment or abandonment of a known legal right or advantage, express or implied. The party alleged to have waived a right must have had both knowledge of the existing right and the intention of forgoing it.
Select any source to read its text and confirm it supports the definition.
Warren Wu contracted to buy land from Willowbrook Capital. The title search revealed an unreleased lien. At closing Willowbrook offered a cure period but Warren accepted the deed without objection and paid the purchase price. Warren later sought rescission on grounds of unmarketable title. The court held that Warren's acceptance of the deed and payment constituted waiver of the title defect.
Wilma Wright served interrogatories on Winterhaven Logistics. Winterhaven responded with answers but omitted any objection to one interrogatory seeking trade-secret information. Months later Winterhaven moved for a protective order claiming the information was privileged. The court denied the motion because Winterhaven had not stated the objection with specificity in its timely response and therefore waived the ground.
Winter Wolfe appeared in federal court on criminal charges and stated he wished to proceed without a lawyer. The judge conducted a colloquy confirming that Wolfe understood the risks and consequences. Wolfe signed a written waiver. The court accepted the waiver and allowed Wolfe to represent himself at trial and sentencing.
Willa Whitman testified as a defense witness and offered an opinion about the defendant's reputation for truthfulness. On cross-examination the prosecutor asked whether Whitman had ever falsified tax returns. Whitman invoked the Fifth Amendment. The court sustained the privilege because testifying on character did not waive protection for unrelated criminal conduct.
Whitney White retained Westbrook Dynamics to represent her in a contract dispute. A lawyer who had previously represented the opposing party joined the firm. White signed a written consent after full disclosure of the conflict. The court upheld the waiver under the conditions of Rule 1.7 and allowed the firm to continue the representation.
Warren Woods leased commercial space from Winslow Aviation. The premises had inadequate ventilation that rendered the space unsuitable for the intended use. Warren took possession and paid rent for six months without requesting repairs. When Warren later sought to terminate the lease the court held that entry and continued payment constituted waiver of the pre-entry remedies.
The party claiming waiver must prove that the waiving party had knowledge of the existing right and intentionally relinquished it. Waiver may be shown by express words or by conduct that is clear, unequivocal, and decisive. Courts examine whether the conduct is consistent only with an intention to waive and whether any other reasonable explanation exists.
Supporting sources
Yes. Under the Federal Rules of Civil Procedure any ground for objecting to an interrogatory that is not stated with specificity in a timely objection is waived unless the court excuses the failure for good cause. The rule prevents sandbagging and ensures the requesting party receives prompt notice of the basis for withholding information.
…from our review by the ruling of the Alabama courts that the Times entered a general appearance in the action and thus waived its jurisdictional objection; we cannot say that this ruling lacks "fair or substantial support" in prior Alabama decisions. See Thompson v. Wilson , 224 Ala. 299, 140 So. 439 (1932);…
…Those who use third-degree tactics and deny them in court are equally able and destined to lie as skillfully about warnings and waivers. Rather, the thrust of the new rules is to negate all pressures, to reinforce the nervous or ignorant suspect, and ultimately to discourage any confession at all. The aim in short is toward…
…and shall provide her with such counsel unless she wishes to appear with private counsel or has knowingly and intelligently waived
…in which this kind of leveraging of the police power is allowed would produce stringent land-use regulation which the State then waives
…Inc. v. Casarotto , 517 U. S. 681, 687. Pp. 4–5. (b) In Discover Bank , the California Supreme Court held that class waivers in consumer arbitration agreements are unconscionable if the agreement is in an adhesion contract, disputes between the parties are likely to involve small amounts of damages, and the party…
Supporting sources
Yes. A defendant who is unable to obtain counsel is entitled to appointed counsel at every stage unless the defendant knowingly and intelligently waives that right. The court must conduct a colloquy to confirm that the waiver is voluntary and that the defendant understands the dangers of self-representation.
Supporting sources
No. By testifying on another matter a witness does not waive the privilege against self-incrimination for testimony that relates only to the witness's character for truthfulness. The rule protects the witness from being forced to incriminate himself merely by offering reputation or opinion testimony.
Supporting sources
A client may waive the disqualification if the conditions of Rule 1.7 are satisfied. The client must give informed consent confirmed in writing after the lawyer provides full disclosure of the conflict and its implications. Advance waivers may be ineffective when serious adversity later develops.
Supporting sources
Entry constitutes waiver when the tenant takes possession and fails to request correction within a reasonable time or otherwise treats the lease as continuing despite the known defect. The Restatement provides that pre-entry remedies remain available after entry unless the landlord corrects the condition or the tenant's conduct amounts to waiver.
Supporting sources