Safety and Health Reporter

Craving Oyer

Fairfax Injury Lawyer Brien Roche Addresses Craving Oyer

Brien Roche

Complete Analysis

A motion craving oyer is an old form of pleading in Virginia.  The purpose is to compel the other party to attach to the initial pleading an important document.  In most cases that important document is the contract that is being sued upon.

As far back as 1937, the Virginia Supreme Court stated there is no way to interpret any writing unless all of it is produced.  Culpeper National Bank of Culpeper v. Morris, 168 Va. 379, 382 (1937)

Split Among The Circuits

However there is some dispute among the different circuits in Virginia as to exactly what types of cases may be subject to craving oyer.  One judge has stated that craving oyer is limited to deeds, letters of probate, things that supplement those items or the contract between the parties.  Antigone v. Taustin, 2018 WL 6794671 (Fairfax County 2018)

Also courts have addressed the issue by saying that the documents being sought must be a necessary part of the plaintiff’s claim.  Monger v. Herring, 79 Va. Cir. 470, 472 (2009); Ragone v. Waldvogel, 54 Va. Cir. 581 (2001)

In a contract action, if the contract is alleged to be in writing then the contract should probably be attached to the pleading.  

Likewise if a deed is a crucial part of the claim then the deed should probably be attached to the pleading.  Also if the pleading raises an issue about the qualification of the PR of an estate then the letter appointing that PR should probably be attached to the pleading.

The thrust of motions craving oyer is not to delay the proceedings. In contrast the idea is to allow the court to decide if the pleading can stand on its own.  However without that core document attached to the pleading, the court cannot rule on whether the pleading stands.

Call, or contact us for a free consult. Also for more info on contracts see the the pages on this site.

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Craving Oyer

Fairfax Injury Lawyer Brien Roche Addresses Craving Oyer

Brien Roche

Complete Analysis

A motion craving oyer is an old form of pleading in Virginia.  The purpose is to compel the other party to attach to the initial pleading an important document.  In most cases that important document is the contract that is being sued upon.

As far back as 1937, the Virginia Supreme Court stated there is no way to interpret any writing unless all of it is produced.  Culpeper National Bank of Culpeper v. Morris, 168 Va. 379, 382 (1937)

Split Among The Circuits

However there is some dispute among the different circuits in Virginia as to exactly what types of cases may be subject to craving oyer.  One judge has stated that craving oyer is limited to deeds, letters of probate, things that supplement those items or the contract between the parties.  Antigone v. Taustin, 2018 WL 6794671 (Fairfax County 2018)

Also courts have addressed the issue by saying that the documents being sought must be a necessary part of the plaintiff’s claim.  Monger v. Herring, 79 Va. Cir. 470, 472 (2009); Ragone v. Waldvogel, 54 Va. Cir. 581 (2001)

In a contract action, if the contract is alleged to be in writing then the contract should probably be attached to the pleading.  

Likewise if a deed is a crucial part of the claim then the deed should probably be attached to the pleading.  Also if the pleading raises an issue about the qualification of the PR of an estate then the letter appointing that PR should probably be attached to the pleading.

The thrust of motions craving oyer is not to delay the proceedings. In contrast the idea is to allow the court to decide if the pleading can stand on its own.  However without that core document attached to the pleading, the court cannot rule on whether the pleading stands.

Call, or contact us for a free consult. Also for more info on contracts see the the pages on this site.

Contact Us For A Free Consultation

Contact Us For A Free Consultation