Motion Craving Oyer Law & Legal Definition

A motion craving Oyer is used to force a party to place documents mentioned in the pleadings, but not attached thereto, within the court record. [ P & T Enterprises v. Commonwealth Sur. Assocs., 39 Va. Cir. 286, 288 (Va. Cir. Ct. 1996)] Motion to crave Oyer is a request to require that a document sued upon, or a collateral document which is necessary to the plaintiff's claim, be treated as though it were part of the plaintiff's pleadings.[ Resk v. Roanoke County, 73 Va. Cir. 272, 274 (Va. Cir. Ct. 2007)]

A defendant may crave Oyer of all documents that form the basis of Plaintiff's claim, as "no intelligent construction of any writing or record can be made unless all of the essential parts of such paper or record are produced. However document for which oyer is craved must be one that is essential to the plaintiff's complaint. [Station # 2, LLC v. Lynch, 2008 Va. Cir. LEXIS 52 (Va. Cir. Ct. 2008)]

Historically, a motion to crave Oyer was a device whereby a party to a lawsuit could ask the court to require that a deed or similar sealed writing, which was relied upon in the opposition pleadings, either directly or indirectly, be made part of the record. If Oyer was granted the deed was treated as though it were fully set out in the opposition's pleadings verbatim. This gave the party craving oyer the chance to file a plea in abatement if any difference existed between the formal pleading and the document which was made part of the record by Oyer. It also allowed for more specific demurrers.[ Ragone v. Waldvogel, 54 Va. Cir. 581, 582 (Va. Cir. Ct. 2001)]

One of the purposes of granting Oyer is to allow the Court to view all material parts of a record so that an objective, intelligent construction of the record can be made without being limited by the subjective interpretations of the parties