“Notice waived?”

This may seem odd to share but you’ve heard it before at a hearing: “.…notice waived your honor?

On CourtCall this morning, the judge said something interesting.

The matter was continued and counsel for non-moving party said, “thank you, notice waived?”

The judge paused and said politely, “was that a question…..because notice can only be waived by the non-moving party since it was the moving party who brought the motion.  By asking it as a question you are asking the moving party to waive notice.   So, in lieu of asking “notice waived (question mark)” the non-moving party’s counsel should say it as an affirmative statement — “notice waived (period)”  The moving party would ask it in a question “notice waived?”

Sevan Gorginian, Esq.

www.GorginianLaw.com

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