Offers of Proof in Court ...
If you start to offer evidence and, before you can get it before the
court, the other side objects and the judge sustains your opponent's
objection, you must move the court to allow you to make clear on the record what your evidence was and what it would tend to prove!
This is called making an offer of proof.
Your opponent may do this, too, so read on to learn how it works ... or risk losing needlessly!
Offers of proof may be made at a trial or at any hearing when
your opposing party objects to your "evidence" and the judge sustains
your opponent's objection.
An offer of proof shows the court on the record:
- What the offered evidence is and
- What the evidence tends to prove
Failure to get your evidence admitted will destroy your chances of winning!
If you don’t get your evidence admitted and don't make an offer of proof, you'll have nothing to appeal if you lose!
You must keep the judge aware that you are prepared to reverse him on appeal, if he foolishly chooses to make appeal necessary by ruling against you!
If you don't make an offer of proof, the record will not show what
the evidence would have been, and there'll be nothing in the record for
the appellate court to review! If the appellate court has no way of
knowing what evidence the judge excluded, you cannot win on appeal.
Appellate courts will not examine evidence that wasn't made part of the
record at the trial level.
You can't introduce evidence for the first time on appeal.
Like the baseball umpire says, "Them's the rules!"
When your attempt to get evidence into the record is prevented by
the court's sustaining the other side's objection, do what my course
teaches and tender an offer of proof.
Show the court on the record:
- what the offered evidence is and
- what the offered evidence would tend to prove if admitted
It's not enough to show what your evidence is. You must also explain on the record what the evidence would tend to prove if admitted. In this way, you show the judge what the appellate court will review if the judge rules against you. And, if the judge knows your evidence should be admitted, he may decide to let it come in rather than risk being reversed on appeal.
Get your evidence in ... or else you have no "evidence".
If you can't get your evidence in, you lose!
See what users are saying ⇒
Help Your Friends!
Forward this email so your friends can get the free
Basic Lawsuit Flowchart
Affordable 24-hour Step-by-Step Self-Help Course Includes:
5-hour video CD simplifies the process of litigation
2 audio CDs present practical tactics and procedures
15 in-depth tutorials on a 4th CD lay out the basics
Free EasyGuide to the Rules of Court
Instant On-Line Access while CDs are in the Mail
Still Only $249 ... plus $7.50 Priority Mail Shipping & Handling
Save legal fees! Control judges!
Defeat crooked lawyers!
www.Jurisdictionary.com
Ask anyone who has our course ... "Jurisdictionary Works!"
Call Toll Free for details: 866-Law-Easy
|
|
Your course has been a tremendous help in preparing my appeal,
and it has helped me spot bad lawyers and judges. I'm better prepared to
stand in front of a judge and make the court follow the rules,
including the other side.
... Harold S.
Jurisdictionary has done wonders for my confidence.
... Tarek M.
I won a criminal case at trial with two lying witnesses against me. I got Jurisdictionary and learned that law works if it's used correctly.
The judge read my memorandum and agreed with me. The most wonderful
feeling I ever felt was walking out of that courtroom knowing I won
without a lawyer!
... Philip J.
... Albany, Georgia
Thanks for your tutorial "Evidence Made Easy". The way you
explain the rules is so effective that we pro se plaintiffs have
confidence in our fight for what's right.
... Arcenio A.
Thanks to you we are able to get the law in front of the judges and keep them honest.
... S. Rickett
... West Jordan, Utah
Thanks for the energy you have put forth to let others use the tools of the Law.
... Ken J.
You are completely brilliant. I have never seen/read anything
like this. I am eager to get this information out to help others like
me. Thank you.
... Sylvia C.
... Kula, Hawaii
Keep up the great work. Thanks again so very much.
... Ronald G.
Jurisdictionary has given me a greater appreciation of due process. It's amazing!
... Deron B.
... Salt Lake City, Utah
You have given me the priceless gift this year of understanding justice.
... Cheryl C.
Having successfully used your program in divorce/family court, I wish to thank you!
... R.P.F., MD
Every pro se litigant NEEDS this information ... all of it!
... M. Bock
|
No comments:
Post a Comment