offer of proof

offer of proof
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
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
   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.

Look at other dictionaries:

  • Offer of proof — Evidence Part of the …   Wikipedia

  • 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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