Offer of proof
Encyclopedia
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
.
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.
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
that a lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
may present to a judge or to the official presiding over an administrative hearing.
In the context of a trial
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
or a hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
, a presiding judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
may issue a ruling denying a party the right to proffer
Proffer
The word proffer is derived from Anglo-French "por-", forth, and offrir, to offer. The act of proffering involves making an offer prior to any formal negotiations....
evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that 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
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
.
In jury trials, offers of proof may be made outside the hearing of the jury. A party may request a motion in limine
In limine
Motion in limine is a legal written "request" or motion to a judge which can be used for civil or criminal proceedings and at the State or Federal level. A frequent use is at a pre-trial hearing or during an actual trial requesting that the judge rule that certain testimony regarding evidence or...
(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.