A Harvey waiver allows the court to consider dismissed charges during sentencing in a criminal case. Absent a waiver by defendant, a sentencing court is not permitted to rely upon information relating to counts dismissed in accordance with a plea bargain. The name originates from a California case, People v. Harvey (1979) 25 Cal.3d 754.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
The Minnesota Harvey Waiver is a legal mechanism that allows parties involved in a contractual agreement to waive their rights to certain legal defenses or provisions that might be applicable in a lawsuit. This waiver is commonly used in construction contracts and other similar agreements in the state of Minnesota. By signing the Minnesota Harvey Waiver, the parties agree to resolve any disputes in arbitration instead of going through litigation. The primary purpose of the Minnesota Harvey Waiver is to streamline dispute resolution and avoid lengthy and costly court procedures. It ensures that both parties are aware of the potential disputes that may arise during the course of the contract and voluntarily choose arbitration as the preferred method of settling any disagreements. One of the key aspects of the Minnesota Harvey Waiver is its ability to limit the defenses that a party can raise in an arbitration proceeding. This means that parties who sign the waiver cannot rely on certain legal defenses, such as impossibility, impracticability, and frustration of purpose, which may otherwise be available to them in a traditional court setting. Therefore, the waiver provides a more limited scope for challenging the validity or enforceability of the contract. While the Minnesota Harvey Waiver is a general term used to describe this type of waiver in the state, there are no specific subtypes or variations of this waiver. However, it is worth noting that there may be other similar waivers that serve the same purpose but go by different names or are specific to certain industries or contexts within Minnesota. In conclusion, the Minnesota Harvey Waiver is a contractual agreement used in the state's construction industry and other relevant areas, allowing parties to waive certain legal defenses and agree to resolve disputes through arbitration. It aims to streamline dispute resolution and provide a more efficient and cost-effective alternative to traditional litigation.The Minnesota Harvey Waiver is a legal mechanism that allows parties involved in a contractual agreement to waive their rights to certain legal defenses or provisions that might be applicable in a lawsuit. This waiver is commonly used in construction contracts and other similar agreements in the state of Minnesota. By signing the Minnesota Harvey Waiver, the parties agree to resolve any disputes in arbitration instead of going through litigation. The primary purpose of the Minnesota Harvey Waiver is to streamline dispute resolution and avoid lengthy and costly court procedures. It ensures that both parties are aware of the potential disputes that may arise during the course of the contract and voluntarily choose arbitration as the preferred method of settling any disagreements. One of the key aspects of the Minnesota Harvey Waiver is its ability to limit the defenses that a party can raise in an arbitration proceeding. This means that parties who sign the waiver cannot rely on certain legal defenses, such as impossibility, impracticability, and frustration of purpose, which may otherwise be available to them in a traditional court setting. Therefore, the waiver provides a more limited scope for challenging the validity or enforceability of the contract. While the Minnesota Harvey Waiver is a general term used to describe this type of waiver in the state, there are no specific subtypes or variations of this waiver. However, it is worth noting that there may be other similar waivers that serve the same purpose but go by different names or are specific to certain industries or contexts within Minnesota. In conclusion, the Minnesota Harvey Waiver is a contractual agreement used in the state's construction industry and other relevant areas, allowing parties to waive certain legal defenses and agree to resolve disputes through arbitration. It aims to streamline dispute resolution and provide a more efficient and cost-effective alternative to traditional litigation.
