Offer of Proof

To offer evidence for acceptance at trial. Such an offer of evidence is governed by the appropriate jurisdiction's rules of evidence. For example, if a party offers evidence through the testimony of a witness, certain of the questions asked by counsel may be objected to. Should the court inquire as to the propriety of the questioning, counsel would then ordinarily offer to the court, or "proffer," the relevance of the question. In such an instance the offer of proof would not ordinarily be made within the hearing of the jury if one is present. If the court sustains the objection, the appellate court will assume that the proffer could have been established for the purposes of reviewing the trial court's ruling. McCormick on Evidence §51 (5th ed. 1999).




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