Legal Definitions - demand of oyer

Demand of Oyer

Demand of oyer is a historical legal term referring to a formal request made by one party in a lawsuit to the opposing party. This request was made when the opposing party, in their written court filing (known as a "pleading"), mentioned and relied upon a specific formal document, such as a deed, bond, or contract, but did not fully present the entire document. The "demand of oyer" asserted the requesting party's right to physically hear the document read aloud, read it themselves, or inspect it, to understand its full contents before responding to the pleading.

Here are some examples illustrating the concept of a demand of oyer:

• Property Boundary Dispute: Imagine a situation where a homeowner sues their neighbor, claiming a portion of land based on a specific clause in an old property deed. In their formal complaint to the court, the homeowner refers to this deed as the basis of their claim but does not attach a complete copy of the lengthy document. The neighbor's attorney, needing to examine the full text of the deed to understand the exact boundaries and conditions, would historically make a demand of oyer. This would compel the homeowner to produce the entire deed for inspection before the neighbor had to file their formal response.
• Breach of Contract Claim: Consider a scenario where a business sues a supplier for failing to deliver goods as per a written supply contract. The business's lawsuit mentions specific terms and conditions from the contract that were allegedly violated but only quotes small excerpts, not providing the full multi-page agreement. The supplier's legal team, to properly prepare their defense and understand all contractual obligations, would issue a demand of oyer. This would ensure they could review the complete contract document before responding to the allegations.
• Loan Agreement Enforcement: Suppose a bank files a lawsuit against a borrower to recover an unpaid debt, stating that the borrower defaulted on the terms outlined in a promissory note and loan agreement. The bank's court filing references key clauses from these documents but does not include the full, detailed agreements. The borrower's attorney, needing to scrutinize every term and condition of the original loan documents to identify any potential defenses or discrepancies, would make a demand of oyer. This would allow them to thoroughly inspect the complete promissory note and loan agreement before drafting their legal response.