Waiver of lawsuit means giving up a lawsuit filed by the plaintiff. This waiver may be for all or part of the case. The waiver is a final judgment, meaning that once made, it is irreversible.
In order to waive the case:
• The case must have been filed.
• The case must not be finalized.
• The defendant’s express consent must be obtained. (There are some exceptions)
Consequences of waiving the case:
• The case is considered as if it had never been filed.
• The plaintiff cannot file a lawsuit again for the claims he waived.
• Litigation costs are borne by the plaintiff.
Situations in which the lawsuit should not be waived:
• Cases related to public order.
• Divorce cases.
• Custody cases.
• Alimony cases.
How to Waive the Case?
Waiver of the lawsuit can be made verbally or in writing.
Verbal waiver: It is recorded in the minutes during the hearing.
Written waiver: It is made by petition. The petition must clearly state the action waived.
Things to Consider Before Waiving the Case
Before waiving the lawsuit, it is important to consult with an attorney. Your lawyer can explain to you all the consequences of the waiver and your rights.
Keep in mind that waiving the lawsuit may have some disadvantages. For example, you may lose your right to compensation for claims you waive.
