offer of proof

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 jury, evidence showing the relevance of the question.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


offer of proof
At trial, an explanation to a judge by a party or the party's attorney 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 questioner will be give a chance to show how the expected answers will be both relevant and admissible. This explanation is usually presented out of the jurys hearing, but it does become part of the trial record.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.


offer of proof
n.
1 A presenting of evidence for the record, but outside of the presence of the jury (usually following a judge's ruling that such evidence is inadmissible) for purposes of preserving the evidence on the record for use in an appeal.
2 Such a presentation is an attempt to persuade the judge to allow the item's or testimony's introduction before the jury.

Webster's New World Law Dictionary. . 2000.

offer of proof
n.
   an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client. Often the judge will ask: "Where is this line of questions going?" and the offer of proof is the response. The offer provides the opposition a preview of the questions (and helps prevent surprise), but is essential to overcome the objections.

Law dictionary. . 2013.

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