Rule 54.Authority to accept waivers
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 54
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
Two protections can stand in the way of a family court proceeding going ahead: the appointment of a committee for a convict, and the application of the servicemembers' civil relief legislation the rule names as the Soldier's and Sailor's Civil Relief Act.
This rule gives the court authority to accept a waiver of either. The waiver may be written, or oral if made on the record — so it can be taken at a hearing without adjourning for paperwork.
What the rule supplies is the court's authority to accept the waiver, not any change to the underlying protections themselves.
Frequently Asked Questions
What waivers may the court accept?
A waiver of the appointment of a committee for a convict, or of the application of the Soldier's and Sailor's Civil Relief Act.
Must the waiver be in writing?
No. The court may accept a written waiver or an oral waiver made on the record.
Can a waiver be taken at a hearing?
Yes — an oral waiver made on the record is sufficient.
Does the rule change the underlying protections?
No. It gives the court authority to accept a waiver of them.
Who may waive?
The rule addresses the court's authority to accept the waiver rather than enumerating who may give it.