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Waiver of an Indictment. Download Form (pdf, 259.(b) Waiving Indictment. 6. This waiver of indictment is made after full consultation with and advice of counsel and is knowing, intelligent, and voluntary. Date. Obtaining a grand jury indictment is costly and time consuming, and a defendant must first waive indictment before an information can be used. Petition To Waive Prosecution By Indictment (Preliminary Questions) Form. This is a South Carolina form and can be use in District Court Federal. This Court approves Defendant's waiver of the two (2) full days of service of Indictment before arraignment. The Defendant waives the right to be arraigned in open court on said Indictment. The Defendant waives the right to be arraigned in open court on said Indictment.