Also known as: waiting periods · wait period · waiting time
Written by attorneys · grounded in primary & secondary sources — see below
A mandatory interval that must elapse before a legal right or remedy becomes available or enforceable. The interval protects privacy, prevents hasty decisions, or ensures procedural fairness before the right or remedy may be exercised.
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Wilma Wright moved from State X to State Y and applied for welfare benefits. State Y's statute limited her payments to the amount she would have received in State X for the first year. The one-year waiting period for full benefits prevented Wilma from receiving equal treatment with longer-term residents. The court held the waiting period unconstitutional under the right to travel.
Wanda Weaver suffered injuries in a bus crash. Thirty days later an attorney sent her a letter stating that liability was clear and offering representation. The state ethics rule barred such targeted solicitations during the thirty-day waiting period after the accident. The court upheld the waiting period as a reasonable, content-neutral restriction protecting vulnerable victims.
Warren Woods and his former partner signed a surrogacy agreement providing that the partner would relinquish the child at birth. The agreement contained no reasonable waiting period allowing the surrogate to change her mind. The court refused to enforce the agreement because the absence of a waiting period rendered it contrary to public policy.
Wyatt Wilson launched a tender offer for shares of a target company incorporated in Illinois. The state statute imposed a twenty-day waiting period after filing before the offer could proceed and allowed the secretary to call a hearing during that period. The court struck down the waiting period as an unconstitutional burden on interstate commerce.
Whitney White sought an abortion at a Pennsylvania clinic. The statute required a twenty-four-hour waiting period after receiving state-mandated information before the procedure could occur. The court upheld the waiting period because it did not impose an undue burden on the right to choose.
Whitney Washington obtained cancellation of deportation. Federal law then imposed a five-year waiting period before she could apply for citizenship. The court noted that the waiting period began only after her status was adjusted and that the period must be completed before naturalization eligibility arose.
A waiting period ensures that a right or remedy is not exercised immediately. It protects vulnerable parties, prevents hasty decisions, or allows time for procedural safeguards. Courts evaluate whether the period is reasonable and narrowly tailored to its purpose.
A one-year waiting period that limits new residents to benefits available in their former state violates equal protection and the privileges or immunities clause. The period treats new arrivals differently from longer-term residents without sufficient justification. The Supreme Court has invalidated such durational residency requirements.
…is such a provision. It is an undue burden, and therefore unconstitutional. The informed consent provisions, the 24-hour waiting period, the parental consent provision with judicial bypass, and the reporting requirements do not impose an undue burden and are therefore constitutional. Concurring opinions Concurring…
…of Chadha's deportation from ripening into cancellation of deportation. See 8 U. S. C. § 1254(d). In that event, Chadha's 5-year
…the Secretary unless the Secretary calls a hearing. ¶ 137.54.E. The Secretary may call a hearing at any time during the 20-day waiting period
…of the fifth month of pregnancy was constitutional; he agreed with the majority, however, that the three-month post-delivery waiting period
…mother agreed to give up the child on its birth is unenforceable unless the agreement contained, inter alia, a “reasonable” waiting period
States may impose a short, content-neutral waiting period to protect accident victims from overreaching during a vulnerable time. The period prevents misleading claims of clear liability from reaching potential clients too soon. Courts uphold such rules when they are reasonable and do not suppress truthful speech.
The waiting period runs from the filing of a registration statement until its effectiveness. During this interval issuers may make oral offers but not sales, and written offers must use a compliant prospectus. The period allows SEC review while restricting premature sales.
A creditor must send written notice of default and right to cure to each obligor and then wait at least thirty days before initiating foreclosure. The period gives borrowers time to cure and ensures proper notice. Failure to observe the full waiting period renders the foreclosure defective.