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.