August 31, 2016 Articles

A Guide to the Offer of Proof

Learn how to use this largely neglected technique when evidence is struck from consideration

By Christin J. Jones

No matter how prepared you are for trial, it’s bound to happen. Your judge sustains an objection and strikes a piece of evidence or testimony that is significant and material to advancing your case. And while your immediate goal is to continue developing your case and obtain a victory at trial, a seasoned lawyer is also thinking ahead and working to develop the record and preserve issues for appeal. But for a less-than-seasoned attorney, this is not so easy to do. This article addresses one largely neglected technique to preserving error when evidence is struck from consideration: the offer of proof.

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