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.."
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.."
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.
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
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agree |
Phong Le
2 days 1 hr
|
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
Discussion