Define: Offer Of Proof

An offer of proof is a formal presentation made by an attorney during a trial or hearing to demonstrate the admissibility and relevance of evidence that has been challenged or excluded by the court. When an objection is raised to the admission of evidence, the offering party may make an offer of proof to preserve the record and provide the court with an opportunity to reconsider its ruling. The offer typically involves summarising the substance and purpose of the excluded evidence, explaining its relevance to the case, and indicating how it would support the offering party’s legal arguments or defences. By making an offer of proof, the offering party seeks to ensure that the record is clear and complete for appellate review and to establish a foundation for potential later challenges or appeals based on evidentiary rulings.

At trial, a party’s explanation to a judge as to how a proposed line of questioning, or a certain item of physical evidence, would be relevant to its case and admissible under the rules of evidence. Offers of proof arise when a party begins a line of questioning that the other side objects to as calling for irrelevant or inadmissible information. If the judge thinks that the questions might lead to proper evidence, the judge will stop the trial, ask the parties to “approach the bench,” and give the questioner a chance to show how, if allowed, the expected answers will be both relevant and admissible. This explanation is usually presented out of the jury’s hearing, but it does become part of the trial record. If the matter is later heard on appeal, the appellate court will use the record to decide whether the judge’s ruling was correct.

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This glossary post was last updated: 29th March 2024.