Glossary entry

English term or phrase:

Waiving the time for the setting of the trial

English answer:

waiving the [right to have more/adequate/usual] time for the setting of the trial

Added to glossary by Empty Whiskey Glass
Nov 9, 2021 09:48
2 yrs ago
25 viewers *
English term

Waiving the time for the setting of the trial

English Law/Patents Law (general) Divorce decree
I am translating a divorce decree from Nevada, US.

The text reads as follows:

... and the defendant appearing in proper person, waiving the time for the setting of the trial of said cause.

I guess this means that the poor guy wants to have a summary proceedings and cut the long story short. Is this correct?
What does 'setting of the trial' mean?

Thanks!
Votes to reclassify question as PRO/non-PRO:

Non-PRO (1): Yvonne Gallagher

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Discussion

Empty Whiskey Glass (asker) Nov 10, 2021:
Only the final decision. That's why I guess the guy opts for the shorter option.
Daryo Nov 9, 2021:
Do you have only the final decision or also the minutes of the trial?

I would guess that this guy just accepted what the other side wanted, otherwise he wouldn't have represented himself?

THAT would make more sense given what a "waiver" usually is - a renonciation to some right(s), NOT "asking for more of it" - like dragging the trial a bit more.

Responses

5 hrs
Selected

waiving the [right to have more/adequate/usual] time for the setting of the trial

each side is entitled to "reasonable time" to prepare for the trial, so here "waiving the time" is about "waiving (renouncing to) the right to take the necessary time" to prepare for the trial.


IOW "get it done as quickly as possible"

see

Case 2:13-cv-01460-LSC Document 134 Filed 11/25/15 Page 42 of 168 43


Finally, without explaining how it is relative to his competence to stand trial, Eggers points out that after the jury recommended a death sentence by an 11-1 verdict, he asked the judge about expediting the delay for judicial sentencing:

The Court: . . . Yes, sir.
The Defendant: We was just looking at waiving the time.
The Court: Uh-huh.
The Defendant: As far as instead of having a hearing or the sentencing date –
The Court: Okay. The law requires that I have a report done and that I set a sentencing hearing and I’m afraid I’m stuck with that. Are ya’ll familiar with any waiver on that?
Ms. Umstead: No, sir. I don’t believe it can be waived, but he’s wanting to know if we could expedite. I think thirty days is the minimum, it has to be thirty days after the –
The Court: We’ll get it done as soon as we can.

[C.R. Vol. 11 at 1561-62.] Even assuming Eggers wanted the trial judge to render an immediate death sentence, such a fact is simply not the clear and convincing evidence necessary to generate doubt as to his competence at the time. While the foregoing instances demonstrate that Eggers misbehaved at times during his trial, they do not mean that Eggers had a problem understanding the charges against him or communicating with his counsel. Accord Medina, 59 F.3d at 1107 (“[N]either low intelligence, mental deficiency, nor bizarre, volatile, and irrational behavior can be equated with mental incompetence to stand trial.”) (emphasis added). Certainly, Case 2:13-cv-01460-LSC Document 134 Filed 11/25/15 Page 43 of 168 44 Eggers demonstrated his understanding of the proceedings against him, as he repeatedly expressed remorse for murdering Mrs. Murray at the penalty phase

https://www.govinfo.gov/content/pkg/USCOURTS-alnd-2_13-cv-01...

Peer comment(s):

agree Laurent Di Raimondo : Same analysis as yours.
2 hrs
Thanks!
disagree philgoddard : If you'd bothered to read the reference that you copied from me, you'd understand that they want a SLOWER trial. They have a legal right to a quick trial, and they're waiving that right.
11 hrs
You provided a good sample of how to misinterpret a perfectly good reference - and ignore another one that doesn't conform to your assumptions. + you do not "own" a reference, all you can do with it is to use it (rather than misuse it ...)
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks! That's exactly what makes sense in this case."
+1
15 mins

Asking the court to take longer than usual

Waiving the time is the process whereby an individual permits a court to take longer than usual in trying him or her on a criminal charge.

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Note added at 16 mins (2021-11-09 10:05:09 GMT)
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رفع المهلة الزمنية)
Peer comment(s):

neutral writeaway : Asker is Bulgarian and this is English monolingual. Apparently the Arabic says 'raise the time limit' and that is not the correct meaning. And waive has nothing to do with asking the court
42 mins
agree philgoddard : But you should include references - I had to research this myself. A dictionary entry for "waive" is not helpful http://www.nolo.com/legal-encyclopedia/i-want-speedy-trial-l...
2 hrs
disagree Daryo : makes no sense & CL5? + I can't see HOW you managed to interpret the Collins Dictionary ref. that way + even the https://www.nolo.com/legal-encyclopedia ref. contradicts this "interpretation"
4 hrs
agree Tina Vonhof (X) : It would be more accurate to say 'waive the right to a speedy trial'. That is not quite the same as 'asking to take longer'.
6 hrs
neutral Yvonne Gallagher : rather unclear what you are trying to say and really not sure that you've understood what this means. See Phil's reference
1 day 38 mins
Something went wrong...

Reference comments

1 day 1 hr
Reference:

setting the trial start date

https://www.scscourt.org/self_help/civil/lawsuits/trial_sett...

https://cochranfirm.com/why-does-it-take-so-long-to-get-to-t...

https://www.civillawselfhelpcenter.org/self-help/lawsuits-fo...

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Note added at 1 day 1 hr (2021-11-10 11:04:43 GMT)
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sorry I marked this as non-Pro.

Phil should post a clear answer
Peer comments on this reference comment:

agree Daryo : all very relevant references, but there seems to be a serious problem in how to interpret them.
3 hrs
agree philgoddard : I thought Ahmad's answer was OK, though his explanation could have been better. People agreed with Daryo because his answer seemed to make more sense - but it was very wrong.
7 hrs
Something went wrong...
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