May 2, 2008 07:17
16 yrs ago
6 viewers *
English term

waive sb's time

English Law/Patents Law (general)
Judgment of divorce

Mrs Ann Wilson, Plaintiff
Mr Peter Wilson, defendant

The Plaintiff having brought this action for a judgment of absolute divorce by reason of the abandonment of the Plaintiff by the Defendant for a period of more than one year, the Defendant having waived her time to answer as appears by Defendants's Affidavit of Admission submitted herewith

Defendant - it's HE while my sentence reads " the Defendant having waived HER time to.."

Discussion

David Moore (X) May 2, 2008:
I suspect this may be legal use of the word "waive", here meaning to "allow, permit", but whatever you do, I think you absolutely MUST wait for the USA to wake up, and one (or more!) of their legal experts to give an opinion here; then, "her" makes sense.
Tony M May 2, 2008:
unless "plaintiff's time to answer" has any meaning within the wider context of the document as a whole?
Tony M May 2, 2008:
Seems like a blatant error, possibly as a result of careless editing of a document template.
ZenonStyczyrz (asker) May 2, 2008:
Can you reward this for me, please?

Responses

+2
1 hr
Selected

comment

I agree with Tony's suggestion that this is a simple error. The 'time to answer' in a divorce proceeding is the time the defendent is formally granted (by law) to respond to the petition for divorce filed by the plaintiff. If the defendent (being either realistic or a gentleman) waives the time to answer (i.e. does not insist on using it), the proceeding can continue directly without first having to wait for this time to expire.

It seems rather unlikely that 'her' refers to the plaintiff here -- first because this is not how legal language is written, and second because the defendent is not entitled to waive a right of the plaintiff.
Peer comment(s):

agree jacana54 (X) : "either the time to answer has passed or the Defendant filed an Answer and/or the Defendant filed a waiver". From http://www.chesapeake.va.us/services/depart/circourt/pdf/Con...
1 hr
agree Phong Le
2 days 1 hr
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4 KudoZ points awarded for this answer. Comment: "thank you"
1 hr

as she voluntarily gave up her right to respond at a certain time

is one possible interpretation
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