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oyer
L. audire, to hear. At common law, a defendant may “crave oyer” of the writ, bond or other specialty upon which the action is brought; that is, petition to “hear” it read.The generality of defendants, in times of simplicity, being supposed incapable to read, the whole of an instrument sued upon was entered verbatim on the record. The defendant could then take advantage of any part not stated in the declaration. 3 Bl. Com. 299. Oyer occurs where the plaintiff in his declaration, or the defendant in his plea, finds it necessary to make profert [production] of a deed, probate, letters of administration, or other instrument under seal, and the other party prays that it may be read to him. The effect is to make the instrument a part of the pleadings. Giving a copy, or acting forth the instrument in full, - the modern practice, - attains the end sought by oyer, as originally understood. When the court deems that knowledge of the contents of a particular writing is proper and essential to a party to a suit, it may order that he have a copy, although the writing being unsealed is, strictly, not the subject of oyer. Mealey v. Metropolitan Life Ins. Co. (1885), in which case the court refused to direct the defendant to file the application and the medical examination in the clerk’s office.
Source : William C. Anderson, A Dictionary of Law (1893)
Language : English