Oyer

Originally, a law-French verb, meaning to hear. In ancient practice, when a defendant sued upon a written instrument, of which he had no copy, desired toknow its precise contents as they were to be set up against him before pleading, he might crave oyer; that is, petition to hear the instrument read to him, before he should interpose a plea. Thereupon, it is said that in ancient times the paper was produced and read in court, in defendant's hearing; but, later, a copy is furnished him, and by this copy he pleads, and the cause is tried. In this sense, oyer is now-a-days used as if it were a noun; and the phrase profert and oyer (q. v.) signifies the practice of proffering a written instrument as a cause of action, and desiring a copy or inspection before pleading. Previous and preparatory to pleading in bar, the defendant may crave oyer of the writ or bond or other specialty upon which the action is brought, — that is, to hear it read to him; the generality of defendants, in the times of ancient simplicity, being supposed incapable to read it themselves; whereupon, by the old practice, the whole is entered verbatim upon the record, and the defendant may take advantage of any condition or other part of it, not P.