---
title: "Waiver: What is it?"
description: 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.
---

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05/08/2019

# Waiver: What is it?

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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.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)

Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.

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