Offer of proof

Offer of proof

An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over an administrative hearing.

In the context of a trial or a hearing, a presiding judge may issue a ruling denying a party the right to proffer evidence. The party aggrieved by this ruling then has the right to indicate for the record what the evidence would have shown had the adverse ruling not been issued. This is necessary in order to preserve the issue for appeal.[1][2]

In jury trials, offers of proof may be made outside the hearing of the jury. A party may request a motion in limine (Latin: "at the threshold") made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury in a trial. In some cases this may be made at the bench (with the court reporter taking down every word spoken by the parties and the judge) or the jury may be excused. It is common for the jury to be excused and for a party to be allowed to continue questioning a witness outside the hearing of the jury until the judge can determine if the evidence sought is relevant and not otherwise excludable.

See also

References

  1. ^ Mueller, Christopher (1999). Evidence. Gaithersburg: Aspen Law & Business. ISBN 9780735504479. 
  2. ^ Buckles, Thomas (2003). Laws of Evidence. Australia: Thomson/Delmar Learning. ISBN 9780766807617. 

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Look at other dictionaries:

  • offer of proof — n. A presentation of evidence at trial for acceptance by the court; often done in situations where an objection to a party’s line of questioning has been sustained but the court gives the party the opportunity to show privately, away from the… …   Law dictionary

  • offer of proof — Presenting evidence for admission or for a ruling upon admissibility. A formal offer by a party of proof, showing what testimony he proposes to adduce, and, when necessary, his intention to prove other facts which will render the evidence… …   Ballentine's law dictionary

  • offer of proof — At a trial or hearing, when an objection to a question has been sustained, the party aggrieved by the ruling may indicate for the record (out of the presence of the jury) the answer which would have been given if the question had not been… …   Black's law dictionary

  • offer — I To bring to or before; to present for acceptance or rejection; to hold out or proffer; to make a proposal to; to exhibit something that may be taken or received or not. To attempt or endeavor; to make an effort to effect some object, as, to… …   Black's law dictionary

  • proof — The effect of evidence; the establishment of a fact by evidence. New England Newspaper Pub. Co. v. Bonner, C.C.A.Mass., 77 F.2d 915, 916. Any fact or circumstance which leads the mind to the affirmative or negative of any proposition. The… …   Black's law dictionary

  • offer for the record — See offer of proof …   Ballentine's law dictionary

  • offer of evidence — Same as offer of proof …   Ballentine's law dictionary

  • Proof — • The establishment of a disputed or controverted matter by lawful means or arguments. Catholic Encyclopedia. Kevin Knight. 2006. Proof     Proof      …   Catholic encyclopedia

  • proof of purchase — UK US noun [U] COMMERCE ► a document that shows that you have paid for something, for example, a receipt: »We offer a full refund with proof of purchase. »You ll be asked to provide proof of purchase, if you return goods …   Financial and business terms

  • proof — n. conclusive evidence 1) to furnish, give offer, present, produce, provide proof 2) ample, clear, conclusive, convincing, definite, incontestable, indisputable, irrefutable, positive, undeniable, unquestionable proof 3) documentary; mathematical …   Combinatory dictionary

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