| 单词 | Waiver of service |
| 释义 | 放棄送達文件 The abandonment of the right of a defendant to be served with originating process. A defendant has always been able to waive the necessity of service and to enter an appearance to the writ as soon as he hears that it has been issued against him, although it has not been served on him: Pike v Michael Nairn & Co Ltd [1960] Ch 553, 2 All ER 184, 2 WLR 897. It is well established that it is open to a defendant in an action to enter an appearance in it voluntarily, even though the writ in it has not been served on him, and that by doing so he waives such service. He can also waive such service by voluntarily taking an even more advanced step in the action than entering an appearance, such as issuing and prosecuting a summons for an order dismissing the action for want of prosecution: Oulton v Radcliffe (1874) LR 9 CP 189, 30 LT 22. The defendant may voluntarily enter appearance in an action where the writ has not been served and the time limit for its service had expired: The Gniezno [1968] P 418, [1967] 2 All ER 738. An originating summons is strictly analogous to a writ and a defendant may also waive service and enter an appearance: Pike v Michael Nairn & Co Ltd [1960] Ch 553, [1960] 2 All ER 184. See also Service of process. 被告人放棄獲送達原訴法律程序文件的權利。被告人一直可放棄送達文件的需要，及一俟獲悉有令狀針對他而發出，呈交該令狀的應訴書，縱使該令狀不曾送達予他：Pike v Michael Nairn & Co Ltd [1960] Ch 553, 2 All ER 184, 2 WLR 897。公認的事實為：某訴訟中的被告人可自願呈交該訴訟的應訴書，即使該令狀不曾送達予他，及藉此他放棄該文件送達。該被告人亦可藉自願於該訴訟中採取比呈交應訴書再進一步的步驟，放棄該文件送達，例如因訴訟程序中無人作出行動，要求作出撤銷該訴訟的命令，而發出及提起傳票：Oulton v Radcliffe (1874) LR 9 CP 189, 30 LT 22。當該令狀不曾送達予他，及送達的時限已過時，該被告人可自願就訴訟呈交應訴書：The Gniezno [1968] P 418, [1967] 2 All ER 738。原訴傳票與令狀十分類似，及被告人亦可放棄文件送達而呈交應訴書：Pike v Michael Nairn & Co Ltd [1960] Ch 553, [1960] 2 All ER 184。另見 Service of process。 |
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