As amended through November 4, 2024
Rule 16 - Consent and Waiver(a) Definitions. For purposes of this rule, a person "consents" to an action of the court or party when the person agrees in writing that the action may be taken. For purposes of this rule, a person "waives" or creates a "waiver" when that person relinquishes in writing a specific right with respect to an action of the court or a party. (b) Consent. Consent is effective according to its terms but it must specify the precise action to which consent is being given. Whenever by law or these rules the court may take specified action only with the consent of one or more persons, the proponent of the action shall file with the court the required consents along with the request for the court action. (c) Waiver. A person entitled to notice by law or these rules may waive notice and/or the right to object to any action of the court or party. No notice of hearing need be sent to a person who has waived notice. In all other respects, the terms of the waiver shall determine its effect. No waiver shall be effective unless the person who signs the waiver has been served with all papers in connection with the action sought. The waiver must specify the precise action requested. (d) Consent; waiver; authority of the court. The court may require a hearing on any petition, motion or other paper even if all persons entitled to notice have consented with respect to the petition, motion or other paper, or have waived notice and the right to object. A hearing shall be held in cases where notice of hearing was required to be published pursuant to Rule 4. (e) Consent or waiver by a ward. Except after hearing, the court shall not give effect to a consent or waiver by a ward. Amended May 14, 1986, eff. 7/1/1986; 11/5/1987, eff. 3/1/1988.