

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.
Read the full article here: https://valawyersweekly.com/2020/03/05/oyer-wont-reach-maintenance-contract/