offer of proof
offer of proof. Procedure. A presentation of evidence for the record (but outside the jury’s presence) usu. made after the judge has sustained an objection to the admissibility of that evidence, so that the evidence can be preserved on the record for an appeal of the judge’s ruling. • An offer of proof, which may also be used to persuade the court to admit the evidence, consists of three parts: (1) the evidence itself, (2) an explanation of the purpose for which it is offered (its relevance), and (3) an argument supporting admissibility. Such an offer may include tangible evidence or testimony (through questions and answers, a lawyer’s narrative description, or an affidavit).Fed. R. Evid. 103(a)(2). — Also termed avowal. [Cases: Criminal Law 670; Federal Civil Procedure 2013; Trial 44. C.J.S. Criminal Law §§ 1203–1205; Trial §§ 163, 170.]
