August 30, 2019 Trial Practices & Techniques

Offer of Proof: Make It or Waive It

By Teresa A. Griffin

Family law cases are subject to the rules of evidence just like any other case or trial would be.  Don’t be distracted by what you may perceive as an unsophisticated evidentiary standard set by the court or by your opposing counsel.  If your case is appealed and you have not made an offer to prove when one was needed, you have waived your client’s opportunity to present evidence and your client may be unable to make an important argument for reversal or error on appeal.

In certain circumstances, you'll need to consider whether you make an offer of proof to protect the rights of your client on appeal.

In certain circumstances, you'll need to consider whether you make an offer of proof to protect the rights of your client on appeal.

Credit: Terry Vine/DigitalVision via GettyImages

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