Waiver Template Word: Fill & Download for Free

For Louisiana, the answer is, generally, no. Most templates found online or in office supply stores do not comply with Louisiana testamentary law.In Louisiana there are two types of testaments: olographic and notarial. An olographic testament is one written entirely in the testator’s hand; so, a one typed by the testator or a “fill-in-the-blanks) form would not qualify. (An olographic testament containing both typed and handwritten words will have the typed words disregarded, and if the remaining handwritten words form a testament then it would be valid. However, from every “fill-in-the-blanks” form I've seen what would be left would be nothing more than a random jumble of words.) A notarial testament is one prepared by a notary and signed by the testator in the presence of two witnesses (at least 16 years of age and not a legatee) and the notary.In the past if a notary passed a testament that he/she did not prepare, it was usual procedure to add a disclaimer that the notary did not prepare the document and is attesting to signatures only [this disclaimer being used, generally, on all instruments that the notary is passing but didn’t prepare]. But since the Louisiana First Circuit of Appeals found that the addition of the usual disclaimer used by notaries who pass acts not drafted by them voids notarial testaments, I believe it would be a VERY rare thing now for a notary to pass a testament he/she did not draft.References:In the MATTER OF the SUCCESSION OF Sandra Gabor DALE:“Specifically, the trial court found that although the 2016 will contained an attestation clause, it also contained a disclaimer from the notary stating that the notary did not prepare nor read the document and was attesting only to the authenticity of the signatures. The trial court concluded that the disclaimer nullified the declaration by the notary that it was the testator's will, as well as the declaration that the testator signed in the presence of the notary and two witnesses.”—-From “Fundamentals of Louisiana Notarial Law and Practice”, 2014 ed.:“However, most Louisiana notarial acts are written in the notary’s first person narrative of what has transpired in his presence, and the prudent notary will review the content of any act he signs to ensure that the notary’s representations as to what he saw, said, or did, are accurate.”“A stamp under a notary’s signature to the effect that ‘This instrument not prepared by this notary. Attesting to signatures only’ might stand as parole evidence that a notary was only hired in his capacity to attest to signatures. But there is no assurance that it will be of any significant benefit to a notary called to defend himself if a party to an act files an action against a notary based on defect as to form or substance of the act.The better practice is to place any such disclaimer in the body of the instrument, incorporating it into the act itself. At least then the parties to the act are presumed to be bound by the waiver or disclaimer. Regardless of where a disclaimer is placed, some consider that such a statement may directly contradict recitations in the act, and thus cause problems for the notary, the parties, or both.” [pp. 504–5]

You appear to be conflating legal concepts with similar-sounding plain-language words or phrases, and as a result you’re bumping against some problems.I asked, in a comment on the question, for the questioner to elaborate. Basically, they’re asking whether the courts need to explicitly advise as to what rights might be waived if a person uses a template or standard form provided by the clerks.The answer is no, because the waiver is a function of other existing laws.For example, one thing the questioner has complained of is that he was served with a summons for a temporary protective order hearing only three (or four) days before the hearing, when statute requires that notice of five or more days be given. Now, I’m not a California attorney, and I’m not speaking to whether five days is the right number, but what’s important here is that appearing in court waives any notice complaint with regards to a summons because the entire point of the right to notice is so that you can arrange to appear. If you are able to appear, then the notice was sufficient; you suffered no prejudice.A separate, but related, issue is whether you’re prepared to proceed substantively, i.e. to answer the complaint. Normally, when one party serves the opposing party too late with something - be it a complaint, a motion, whatever - the remedy is simply a continuance to prepare so that you can proceed on the substance of the motion. If you are able to prepare a substantive response - as the questioner did - then that issue is also moot, because there’d be no point in a continuance.This is the law as settled for decades if not centuries."It is well settled that the appearance of a party at the hearing of a motion and his or her opposition to the motion on its merits is a waiver of any defects or irregularities in the notice of motion. This rule applies even when no notice was given at all. Accordingly, a party who appears and contests a motion in the court below cannot object on appeal or by seeking extraordinary relief in the appellate court that he had no notice of the motion or that the notice was insufficient or defective." ( Tate v. Superior Court (1975) 45 Cal. App. 3d 925, 930 [119 Cal. Rptr. 835]; see also Alliance Bank v. Murray (1984) 161 Cal. App. 3d 1, 7-8 [207 Cal. Rptr. 233].)Carlton v. Quint, 77 Cal. App. 4th 690, 697, 91 Cal. Rptr. 2d 844, 847-848, 2000 Cal. App. LEXIS 23, *9-10, 2000 Cal. Daily Op. Service 412, 2000 Daily Journal DAR 549Standard forms provided by the clerk’s office are not legal advice, but rather something to enable a litigant to at least have a framework. It is incumbent upon them to look out for their own legal rights, including retaining counsel.To take the questioner’s example, if they’d asked for a continuance to respond substantively to the issues of the hearing, they’d have been entitled to it. But, the fact that they were already prepared to respond (and didn’t want a lawyer) meant that no continuance would be worth anything.A different issue raised by the questioner is about personal jurisdiction. They are upset that the clerk didn’t advise that by appearing physically, they would waive claims of personal jurisdiction to the court. This, too, is well-settled law. Generally, if you appear for any purpose other than to challenge personal jurisdiction, then you’re waiving your claim of lack of personal jurisdiction.“A state court's assertion of personal jurisdiction over a nonresident defendant who has not been served with process within the state comports with the requirements of the due process clause of the federal Constitution if the defendant has such minimum contacts with the state that the assertion of jurisdiction does not violate ‘ “traditional notions of fair play and substantial justice.”State Farm General Ins. Co. v. JT's Frames, Inc., 181 Cal. App. 4th 429, 437, 104 Cal. Rptr. 3d 573, 578, 2010 Cal. App. LEXIS 92, *9

A great question and one the EVERY doctoral student should ask before beginning to write the first word of their dissertation! As I work with doctoral students, mentees, and clients there are consistent themes that emerge to help ensure that they are on a path to doctoral success, including topic selection, then dissertation development, completion, and defense.As a dissertation coach, my first priority when working with a new client is to ensure that they are on a path to success by choosing a researchable topic that is well-defined, supported in the scholarly literature, based on a viable problem and gap, then weaved throughout the remainder of the dissertation, including the literature review, methodology, then through data collection and analysis. Unless on the path to doctoral success, then hard work will only lead to frustration, anxiety, years of study, and possible ABD (all but dissertation) status, with a doctoral degree.Lawrence Ness's answer to What are the best methods to research a topic?Beyond the dissertation topic, tips for a good dissertation include:WritingMaintain a scholarly tone (avoid casual phrases)Check Grammar (suggest Grammarly)Use proper formatting (APA, MLA, etc.)Follow the univerisity’s dissertation guide/manual/templateCross-check references with citations and vice-versa (suggest ReciteWorks)Maintain a high degree of originality by paraphrasing in your own words and avoiding the use of direct quotesAvoid plagiarism by properly citing all sources, where used in the textAlignment and Logical FlowEnsure that all chapters and sections link together and that concepts logically flow and align, wherever used. For instance, that the purpose aligns with the problem, and that the research questions logically flow from the purpose, with the research method and design chosen based on the research questions.Literature ReviewAnchor the problem statement with recent and scholarly (peer-reviewed) sources.Limit the number of dissertations and text books usedMaintain a high percentage of (a) recent (within 5 years), and (b) scholarly/peer-reviewed (journal) publicationsFor the Literature Review chapter (typically chapter 2), avoid a source-by-source review, but rather, provide a thematic synthesis reflecting the research topic and phenomenonMethodologyChoose the research method (qualitative, quantitative, or mixed) and approach that is appropriate to respond to the research questionsEnsure that all research method design elements, e.g., population, sampling, instrumentation, recruitment, data collection, and design are appropriate for the problem, purpose, and research questionsEnsure that research is ethical and especially considers protected populations, as approved by the Institutional Review Board (IRB)Ensure that research conducted does not waiver from that approved by the university and IRB (deviations may require resubmission or re-approval)The above, and much more apply towards the development of a “good” dissertation. Ultimately, completing the dissertation requires hard work and commitment from highly motivated students eager to achieve this highest academic honor.