Waiver
Waiver: The voluntary giving up of a known right, claim or privilege. A right can also be lost by failing to raise it on time. For example, under Federal Rule of Civil Procedure 12(h)(1), defenses such as lack of personal jurisdiction, improper venue and insufficient service are waived if a party leaves them out of its first Rule 12 motion or, if it makes no motion, its answer.
What waiver means
In short, waiver is a term you will meet in court papers, rules and legal research. The definition above gives its usual meaning in American civil practice. However, the exact meaning can depend on the rule, statute or court decision that uses it. So it helps to read the term in context.
Where waiver comes up
For example, the term appears in these procedures:
- Waiver of Service (Fed. R. Civ. P. 4(d)): a request asking the defendant to waive formal service of the summons, which saves the cost of service.
How to research the term
First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses waiver in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.
You can read the official rule text online for free.
Related legal terms
- Service of process: formally delivering the summons and complaint to a defendant in a way the rules allow.
- Vexatious litigant: a person who repeatedly files lawsuits or motions without a good basis, often to harass. Courts may require such a person to get permission before filing new cases. California defines and regulates vexatious litigants in Code of Civil Procedure § 391 and following.
- Void: having no legal effect from the beginning, as if it never existed.
- Void judgment: a judgment entered without legal power to enter it. Federal Rule of Civil Procedure 60(b)(4) lists a void judgment as a ground for relief.
Why precise terms matter
Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.
Sources
Sources last reviewed: 2026-10-24
Lawtopolis provides legal information and education, not legal advice. Using this site does not create an attorney-client relationship. Laws and court rules vary by jurisdiction and change over time; verify every authority against the official source and consult a licensed attorney in your jurisdiction about your situation.