29
January
0
Comments
Proffers / Offers of Proof when Trial Judge Precludes Evidence or Testimony from being Introduced
What is an offer of proof or evidentiary proffer? During trial there are times where the opposing party objects to a question (testimony) and/or the introduction of evidence. If the judge sustains (or agrees with) an objection, the witness is precluded from offering testimony in response to the question and/or the evidence is excluded and deemed inadmissible. Ouch!! When this happens, it is important for the party trying to offer the excluded testimony or evidence to make a proffer or offer of proof in furtherance of preserving this issue for appeal. The reason a proffer or offer of proof of...
Continue reading