Legal Definitions - oyer

The term oyer is a historical legal concept, primarily referring to the act of "hearing" or "reading aloud" in a formal court setting. It has evolved through different meanings:

• Historically, a Type of Criminal Trial: In earlier legal systems, "oyer" could refer to a specific kind of criminal court proceeding, particularly those convened under a special authorization known as a "commission of oyer and terminer," which empowered judges to hear and determine serious criminal cases.
• The Reading of a Document in Court: It also referred to the practice where one party formally requested that a legal document, such as a deed or a contract, be read aloud in open court by the opposing party. This ensured that everyone involved, including the court, was fully aware of the document's precise contents.
• A Formal Request in Common-Law Pleading: In older common-law procedures, if one party presented a document as evidence or as the basis of their claim (a practice called "profert"), the other party could make an "oyer" request. This was a demand that the document be read aloud in court before they were required to file their response. This allowed the responding party to fully understand the document's terms and conditions before formulating their defense or counter-argument.

Here are some examples illustrating the historical applications of oyer:

• Imagine a significant criminal case in 17th-century England, perhaps involving piracy or treason. The Crown might issue a special commission of oyer and terminer to a panel of judges, granting them the authority to convene a court specifically to "hear and determine" these serious charges. In this context, the entire criminal trial itself, from the presentation of evidence to the verdict, would be referred to as an oyer.

  This example illustrates the first historical meaning, where "oyer" referred to a specific type of criminal trial held under special authority for serious offenses.

• Consider a land dispute in the early 1800s where Farmer McGregor claims a boundary line based on an old property deed. His neighbor, Mrs. Henderson, disputes the claim. In court, Mrs. Henderson's attorney might make a request for oyer, demanding that Farmer McGregor's attorney read the entire deed aloud in court. This would allow Mrs. Henderson and the judge to hear every clause and condition of the deed directly, ensuring no details were overlooked or misrepresented before Mrs. Henderson's legal team formulated their response.

  This example demonstrates the second meaning, where "oyer" was the formal request to have a document, like a deed, read aloud in open court.

• Suppose a merchant in the 19th century sued a shipping company for breach of contract, presenting the written shipping agreement as the core of his claim (making a "profert"). The shipping company's lawyer, before drafting their formal defense, could make a demand for oyer. This would compel the merchant's lawyer to read the entire shipping contract aloud in court, allowing the shipping company's legal team to meticulously review its exact wording and conditions before filing their detailed response or counterclaim, ensuring they addressed all relevant provisions.

  This example illustrates the third meaning, where "oyer" was a common-law pleading request to have a document read aloud after a "profert" was made, enabling the responding party to fully understand its contents before replying.