Also known as: waiver doctrines · waiver
Written by attorneys · grounded in primary & secondary sources — see below
A doctrine under which a party relinquishes a known legal right or remedy through voluntary conduct or agreement. The relinquishment must be knowing and intentional. Once effective, the waiver prevents the party from later asserting the right or remedy that was surrendered.
Select any source to read its text and confirm it supports the definition.
Winona Walsh leased an apartment from Winslow Aviation knowing the HVAC system was defective. She moved in after notifying the landlord and waited thirty days without repair. When she later sought to terminate the lease, the court held her continued occupancy after the reasonable repair period constituted a waiver of the pre-entry remedy.
Winston West appeared before the trial judge and stated he wished to represent himself on felony charges. The court conducted a detailed colloquy confirming his understanding of the charges and penalties. After the judge found the waiver knowing and intelligent, West proceeded pro se and later could not claim ineffective assistance of counsel.
Wanda Weaver signed a premarital agreement without independent counsel. The document lacked the required plain-language notice explaining the rights she was surrendering. When she later challenged the waiver of spousal support, the court refused to enforce the agreement because the statutory notice condition for a valid waiver had not been met.
Willow West, the biological father of a newborn, had no contact with the child for eight months after birth. The adoption agency petitioned to terminate his rights. The court found that his prolonged absence made consent unreasonably withheld and against the child's best interest, so the consent requirement was waived after notice and hearing.
Wrightway Engineering received a waiver-of-service request from Whitney White's attorney. The company executed the waiver within the prescribed period. Because it had timely waived service, the company received sixty days from the mailing date to file its answer rather than the usual twenty-one days.
Wendy Wu, a shareholder of Westmont Healthcare, signed a written waiver of notice for the upcoming annual meeting. She delivered the signed document to the corporation before the meeting date. The waiver allowed the corporation to proceed with the meeting and count her votes even though the statutory notice period had not been observed.
The defendant must make the waiver knowingly and intelligently. The trial court must conduct a careful inquiry establishing that the defendant understands the nature of the charges, the penalties, and the disadvantages of self-representation.
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No. Entry waives the pre-entry remedies only if the landlord fails to correct the condition within a reasonable time after notice and the lease does not provide otherwise. The tenant retains post-entry remedies unless the entry itself constitutes the waiver.
…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…
…relief and actions concerning certain countries may be disapproved by concurrent resolution; various Presidential proposals for
…unsatisfactory. It, too, fails to respect the best interests of the patient. It, too, relies on what is tantamount to a waiver
…Supreme Court applied this framework to class-action waivers in arbitration agreements and held as follows: “[W]hen the waiver
…simple structure would suffice.[^maj-23] For example, Congress could enact a statute along the following lines: (a) a
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Consent may be waived when it is unreasonably withheld and withholding it is contrary to the child's best interest, such as in cases of abandonment. Notice and a hearing are required before the court may order the waiver.
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The waiver must be in writing, signed by the shareholder entitled to notice, and delivered to the corporation for filing with the minutes or corporate records. It may be given before or after the meeting date.
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A defendant who timely waives service under Rule 4(d) receives sixty days after the request was sent, or ninety days if sent outside the United States, to serve an answer instead of the standard twenty-one days.
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Unless the waiving party had independent legal representation, the agreement must include a conspicuous notice of waiver or a plain-language explanation of the rights being modified or waived. Absence of the required notice renders the waiver unenforceable.
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