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Oyer Won’t Reach Maintenance Contract

Oyer won’t reach maintenance contract

Another circuit judge has taken a restric­tive view of the scope of motions to crave oyer while Virginia litigators wait to see what the state Supreme Court will say about the topic.

In a lawsuit over an icy slip-and-fall, a de­fendant maintenance contractor may not use oyer to bring his contract with a homeowners association before the court, concluded Fair­fax Circuit Judge Richard E. Gardiner.

Largely concurring with a colleague on the Fairfax bench, Gardiner interpreted Virginia case law to approve use of oyer – absent agree­ment – only for deeds, contracts under seal, pro­bate documents and records of a former suit.

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