Legal Definitions - oyer

Definition: Oyer is a term used in legal proceedings. It has three different meanings. First, it refers to a criminal trial that is held under a commission of oyer and terminer. This means that a special commission is set up to hear a criminal case. Second, it refers to the reading of a document, such as a deed, in open court. This is done when one party demands that the document be read aloud and the other party agrees. Third, it refers to a request made by a party opposing a profert (a legal term meaning the presentation of a document as evidence) to have the document read aloud in court. This is only allowed if the profert has been properly made and the document is not a private writing under seal. Example: In a criminal case, the judge may set up a commission of oyer and terminer to hear the case. This means that a special group of people will be brought in to hear the evidence and make a decision. Example: If a person is selling a piece of property, they may demand that the deed be read aloud in court to ensure that everyone understands the terms of the sale. Example: If one party presents a document as evidence in court, the other party may request oyer to have the document read aloud. This is to ensure that everyone in the court understands the contents of the document.