The word “oyer” originated from Old French and signifies “to hear.” Historically, it had various interpretations. Firstly, it referred to a specific criminal trial known as a commission of oyer and terminer. Secondly, it denoted the act of requesting a document, such as a deed, to be read aloud in court. Lastly, it was utilised in common-law pleading when an individual requested a copy of a document that their adversary was relying upon, which was referred to as demanding oyer. However, this practice was restricted to specific circumstances and certain types of documents.
Oyer is a term used in legal proceedings and it encompasses three distinct meanings.
Firstly, it refers to a criminal trial conducted under a commission of oyer and terminer, which involves the establishment of a special commission to hear the case.
Secondly, it pertains to the reading of a document, such as a deed, in open court. This occurs when one party requests the document to be read aloud and the other party agrees.
Lastly, it involves a request made by the opposing party to have a document read aloud in court, in opposition to a profert (the presentation of a document as evidence). This request is only granted if the profert has been properly made and the document is not a private writing under seal.
For instance, in a criminal case, the judge may convene a commission of oyer and terminer to oversee the proceedings, ensuring that a specialized group of individuals is brought in to hear the evidence and reach a decision.
Similarly, when selling a piece of property, the seller may insist on the deed being read aloud in court to ensure that all parties involved comprehend the terms of the sale.
Likewise, if one party presents a document as evidence in court, the opposing party may request oyer to have the document read aloud, guaranteeing that everyone present in the court comprehends the document’s contents.
Oyer is an archaic legal term that means “to hear” or “to listen.” It is often used in the context of legal proceedings, such as when a judge orders a party to “come into court and show cause why” they should not be held in contempt.
No, Oyer is not commonly used in modern legal practice. It is considered an archaic term that has largely fallen out of use.
The term Oyer comes from the Old French word “oyer,” which means “to hear” or “to listen.” It was adopted into English common law in the Middle Ages.
An Oyer and Terminer court is a type of court that was used in medieval England to hear serious criminal cases. The court was made up of judges who were appointed by the king, and its name comes from the French words for “to hear and determine.”
An Oyer of a deed is a legal process in which a party requests that the court order the other party to produce a written document, such as a contract or deed, so that it can be read aloud in court.
An Oyer and Redresser court is a type of court that was used in medieval England to hear civil cases. The court was made up of judges who were appointed by the king, and its name comes from the French words for “to hear and redress.”
An Oyer and Terminer commission is a legal document that authorizes judges to hear serious criminal cases. The commission was commonly used in medieval England and was often issued by the king or other high-ranking officials.
An Oyer and Terminer indictment is a formal accusation of a serious crime that is presented to a grand jury. The indictment is named after the Oyer and Terminer court, which was responsible for hearing such cases.
An Oyer and Terminer writ is a legal document that orders a party to appear before the court and show cause why they should not be held in contempt. The writ was commonly used in medieval England and was often issued by the king or other high-ranking officials.
Oyer is significant in legal history because it represents an important aspect of medieval English common law. The term was used to describe a variety of legal processes, including the hearing of criminal and civil cases, the production of written documents, and the issuance of court orders. While Oyer is no longer commonly used in modern legal practice, it remains an important part of legal history and tradition.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/oyer/
- Modern Language Association (MLA):Oyer. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/oyer/.
- Chicago Manual of Style (CMS):Oyer. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/oyer/ (accessed: May 09 2024).
- American Psychological Association (APA):Oyer. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/oyer/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts