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Simple English definitions for legal terms
demand of oyer
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A quick definition of demand of oyer:
Demand of oyer is a legal term that means a party has the right to ask to see or hear a document, like a deed, that the other party has mentioned in a court case. This is called a profert. The party can ask for oyer to make sure they have all the information they need to defend themselves. The document will be read aloud in court so both parties can hear it. However, oyer cannot be demanded for private writings under seal. It is important to note that a party does not always have to ask for oyer, but if they need information from the document to defend themselves, they should ask for it.
A more thorough explanation:
Demand of oyer is a legal term used in common-law pleading. It refers to the right of a party to hear, read, or inspect a deed that has been presented by the opposing party in a pleading.
- In a court case, if one party presents a deed as evidence, the other party may demand oyer to read the deed and understand its contents.
- A defendant may demand oyer if the plaintiff presents a contract as evidence, to ensure that the terms of the contract are accurately represented.
These examples illustrate how demand of oyer is used to ensure that both parties have access to the same information and can make informed arguments in court.