Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

It was then that Mr. Libby told Ms. Miller that she had his personal and voluntary waiver.

A voluntary waiver of the right to be present requires true freedom of choice.

The issue is whether such a confession, even if preceded by a "voluntary" waiver of a suspect's Miranda rights, can be used as evidence when the original failure to give the warnings was deliberate.

Months later, however, her new attorney, Robert Bennett, told her that she already had possessed a written, voluntary waiver from Libby all along.

She said she began thinking about whether she should reach out to Mr. Libby for "a personal, voluntary waiver."

He informed the prosecutor that Ms. Miller had a voluntary, personal waiver and asked Mr. Fitzgerald to restrict his questions to her conversations with Mr. Libby.

"The trial chamber did not establish that there was a knowing, intelligent and voluntary waiver by the accused (Taylor)," the appeals judges said.

The Government has said that Mr. Heatley made a full and voluntary waiver of his rights, the records show.

As a practical matter, employees are generally capable of giving a knowing and voluntary waiver, Mr. Waks added.