Legal Definitions - waiver of notice

Waiver of notice is the voluntary abandonment of a legal right or advantage, either expressed or implied. It means that a person gives up their right to receive notice of something, such as a meeting or a legal claim. The party who waives their right must have knowledge of the existing right and the intention of forgoing it.

• Express waiver: A person signs a document stating that they waive their right to receive notice of a meeting.
• Implied waiver: A person consistently fails to object to the lack of notice for meetings and participates in them without complaint.
• Prospective waiver: A person signs a contract agreeing to waive their right to file future claims for discrimination upon settlement of a lawsuit.
• Subject-matter waiver: A party voluntarily discloses a communication or privileged material about a particular topic to a third party, which may lead to an implied waiver that extends to all other communications relating to the same subject matter.
• Jury waiver: A criminal defendant signs a form relinquishing their right to have the trial conducted before a jury.
• Lien waiver: A subcontractor signs a written document waiving their mechanic's lien rights, allowing the owner or general contractor to receive a draw on a construction loan.

These examples illustrate how a waiver of notice can be expressed or implied, and can apply to various situations such as meetings, legal claims, and construction projects. It is important to note that a waiver must be voluntary and intentional, and the party waiving their right must have knowledge of the existing right and the intention of forgoing it.