Waiver of claim

Waiver of claim is the claimant's abandonment of the relief sought, wholly or in part. It is a unilateral declaration requiring neither the opponent's nor the court's acceptance, and may be made by petition or orally at a hearing.

Its gravest consequence is producing the effects of a final judgment: the waived claim can never again be litigated between the same parties. Waiver is possible at any stage until the judgment becomes final. The waiving party is treated as having lost, bearing the costs and the opposing-party attorney fee, though the statute reduces fees for waivers made at certain stages.

A claimant who merely wishes to withdraw a pending case should use withdrawal of the action, which requires the opponent's consent but does not extinguish the right. Confusing the two institutions is among the irreparable errors that cause the complete loss of a right.