When the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating how much of a showing is necessary in an offer of proof.
A proponent of evidence can counter anticipated objections with a motion in limine before trial starts, but usually counsel counters objections to evidence after the opponent objects at trial. Here are eight ways to do it.
Play it safe and make an offer of proof whenever you’re introducing evidence. Even if your evidence is excluded after a motion in limine or a trial objection, an offer of proof will preserve the record for appeal.