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waive sb's time

English translation: comment

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07:17 May 2, 2008
English to English translations [PRO]
Law/Patents - Law (general)
English term or phrase: waive sb's time
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.."
ZenonStyczyrz
Local time: 18:01
English translation:comment
Explanation:
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.
Selected response from:

Ken Cox
Local time: 18:01
Grading comment
thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2commentKen Cox
1as she voluntarily gave up her right to respond at a certain time
Jonathan MacKerron


Discussion entries: 4





  

Answers


1 hr   confidence: Answerer confidence 1/5Answerer confidence 1/5
as she voluntarily gave up her right to respond at a certain time


Explanation:
is one possible interpretation

Jonathan MacKerron
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
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1 hr   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
comment


Explanation:
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.

Ken Cox
Local time: 18:01
Native speaker of: Native in EnglishEnglish
PRO pts in category: 24
Grading comment
thank you

Peer comments on this answer (and responses from the answerer)
agree  xxxjacana54: "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 days1 hr
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