05/08/2019

Waiver: What is it?

Waiver is an interesting thing. It can happen somewhat without you knowing it. According to the Minnesota appellate law, waiver is a knowing and voluntary election to forego a remedy or right. The question becomes, if you sit and wait without taking action when there's a timeframe within which you must act, but you didn't know you had a timeframe within which to act, did you "knowingly" elect to forego a remedy?

That's the question you need to keep in mind when assessing an action or problem. Doing nothing is the worst thing you can do, but what you should do is a different question.

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