Glossary entry (derived from question below)
English term or phrase:
Waiving the time for the setting of the trial
English answer:
waiving the [right to have more/adequate/usual] time for the setting of the trial
English term
Waiving the time for the setting of the trial
The text reads as follows:
... and the defendant appearing in proper person, waiving the time for the setting of the trial of said cause.
I guess this means that the poor guy wants to have a summary proceedings and cut the long story short. Is this correct?
What does 'setting of the trial' mean?
Thanks!
4 | waiving the [right to have more/adequate/usual] time for the setting of the trial | Daryo |
5 +1 | Asking the court to take longer than usual | Ahmad Ammar |
setting the trial start date | Yvonne Gallagher |
Non-PRO (1): Yvonne Gallagher
When entering new questions, KudoZ askers are given an opportunity* to classify the difficulty of their questions as 'easy' or 'pro'. If you feel a question marked 'easy' should actually be marked 'pro', and if you have earned more than 20 KudoZ points, you can click the "Vote PRO" button to recommend that change.
How to tell the difference between "easy" and "pro" questions:
An easy question is one that any bilingual person would be able to answer correctly. (Or in the case of monolingual questions, an easy question is one that any native speaker of the language would be able to answer correctly.)
A pro question is anything else... in other words, any question that requires knowledge or skills that are specialized (even slightly).
Another way to think of the difficulty levels is this: an easy question is one that deals with everyday conversation. A pro question is anything else.
When deciding between easy and pro, err on the side of pro. Most questions will be pro.
* Note: non-member askers are not given the option of entering 'pro' questions; the only way for their questions to be classified as 'pro' is for a ProZ.com member or members to re-classify it.
Responses
waiving the [right to have more/adequate/usual] time for the setting of the trial
IOW "get it done as quickly as possible"
see
Case 2:13-cv-01460-LSC Document 134 Filed 11/25/15 Page 42 of 168 43
Finally, without explaining how it is relative to his competence to stand trial, Eggers points out that after the jury recommended a death sentence by an 11-1 verdict, he asked the judge about expediting the delay for judicial sentencing:
The Court: . . . Yes, sir.
The Defendant: We was just looking at waiving the time.
The Court: Uh-huh.
The Defendant: As far as instead of having a hearing or the sentencing date –
The Court: Okay. The law requires that I have a report done and that I set a sentencing hearing and I’m afraid I’m stuck with that. Are ya’ll familiar with any waiver on that?
Ms. Umstead: No, sir. I don’t believe it can be waived, but he’s wanting to know if we could expedite. I think thirty days is the minimum, it has to be thirty days after the –
The Court: We’ll get it done as soon as we can.
[C.R. Vol. 11 at 1561-62.] Even assuming Eggers wanted the trial judge to render an immediate death sentence, such a fact is simply not the clear and convincing evidence necessary to generate doubt as to his competence at the time. While the foregoing instances demonstrate that Eggers misbehaved at times during his trial, they do not mean that Eggers had a problem understanding the charges against him or communicating with his counsel. Accord Medina, 59 F.3d at 1107 (“[N]either low intelligence, mental deficiency, nor bizarre, volatile, and irrational behavior can be equated with mental incompetence to stand trial.”) (emphasis added). Certainly, Case 2:13-cv-01460-LSC Document 134 Filed 11/25/15 Page 43 of 168 44 Eggers demonstrated his understanding of the proceedings against him, as he repeatedly expressed remorse for murdering Mrs. Murray at the penalty phase
https://www.govinfo.gov/content/pkg/USCOURTS-alnd-2_13-cv-01...
agree |
Laurent Di Raimondo
: Same analysis as yours.
2 hrs
|
Thanks!
|
|
disagree |
philgoddard
: If you'd bothered to read the reference that you copied from me, you'd understand that they want a SLOWER trial. They have a legal right to a quick trial, and they're waiving that right.
11 hrs
|
You provided a good sample of how to misinterpret a perfectly good reference - and ignore another one that doesn't conform to your assumptions. + you do not "own" a reference, all you can do with it is to use it (rather than misuse it ...)
|
Asking the court to take longer than usual
--------------------------------------------------
Note added at 16 mins (2021-11-09 10:05:09 GMT)
--------------------------------------------------
رفع المهلة الزمنية)
neutral |
writeaway
: Asker is Bulgarian and this is English monolingual. Apparently the Arabic says 'raise the time limit' and that is not the correct meaning. And waive has nothing to do with asking the court
42 mins
|
agree |
philgoddard
: But you should include references - I had to research this myself. A dictionary entry for "waive" is not helpful http://www.nolo.com/legal-encyclopedia/i-want-speedy-trial-l...
2 hrs
|
disagree |
Daryo
: makes no sense & CL5? + I can't see HOW you managed to interpret the Collins Dictionary ref. that way + even the https://www.nolo.com/legal-encyclopedia ref. contradicts this "interpretation"
4 hrs
|
agree |
Tina Vonhof (X)
: It would be more accurate to say 'waive the right to a speedy trial'. That is not quite the same as 'asking to take longer'.
6 hrs
|
neutral |
Yvonne Gallagher
: rather unclear what you are trying to say and really not sure that you've understood what this means. See Phil's reference
1 day 38 mins
|
Reference comments
setting the trial start date
https://cochranfirm.com/why-does-it-take-so-long-to-get-to-t...
https://www.civillawselfhelpcenter.org/self-help/lawsuits-fo...
--------------------------------------------------
Note added at 1 day 1 hr (2021-11-10 11:04:43 GMT)
--------------------------------------------------
sorry I marked this as non-Pro.
Phil should post a clear answer
agree |
Daryo
: all very relevant references, but there seems to be a serious problem in how to interpret them.
3 hrs
|
agree |
philgoddard
: I thought Ahmad's answer was OK, though his explanation could have been better. People agreed with Daryo because his answer seemed to make more sense - but it was very wrong.
7 hrs
|
Discussion
I would guess that this guy just accepted what the other side wanted, otherwise he wouldn't have represented himself?
THAT would make more sense given what a "waiver" usually is - a renonciation to some right(s), NOT "asking for more of it" - like dragging the trial a bit more.