How to Make Offers of Proof ...
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From the Jurisdictionary Evidence Tutorial ...
If you begin to offer evidence and, before you can get it before the
court, the other side objects and the court sustains the objection, you must move the court to allow you to make clear on the record what the evidence was.
This is called an offer of proof.
If you don't get your evidence in and don't offer the proof, you'll have nothing to appeal if the court rules against you.
You won't be able to win on appeal, because the record for the
appellate court to review will not show what the evidence would have
been!
Therefore, when your attempt to get evidence in is prevented by the
court's sustaining the other side's objection, be sure to make an offer
of proof stating what the evidence would have been and what you intended
to prove by it.
Then, if an appeal must be taken to the higher court on the basis
that you were not allowed to get the evidence in, you'll have a record
to show what the evidence was (or would have been) and be able to argue
that "but for" the excluded evidence you would have won ... or, at
least, that you should be given another chance on remand to the trial
court with instructions from the appellate court!
Help Your Friends!
Forward this email and this link so they can get the Lawsuit Flowchart so your friends can see how easy it is to win.
In jury trials, offers of proof should be made outside the hearing of
the jury. In some cases an offer of proof may be made at the bench, but
if you make your offer of proof at the bench, make certain the
court reporter comes over to the bench along with his or her recording
device to take down every word you, the judge, and other side say!
No record = no appeal possible.
No appeal possible = judge free to rule as he chooses!
Not good.
Read the testimonials ⇒
To learn more about offers of proof, evidence, motions, hearings,
pleadings, witness testimony, and other essential know-how you must have to win in court (with or without a lawyer), discover the easy-to-learn methods I teach in my affordable step-by-step official
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I've been working 25 years as a case-winning lawyer.
Accept no substitutes!
How you choose to read and interpret the law doesn't count a bit ... not even a tiny bit!
The only thing that counts is how the appellate courts read and interpret the law, what they say the law means in regard to the facts of your case, and how they make trial judges quake in their boots!
Learn how to control judges by threatening appeal!
You must do this ... if you want to win.
I show you how in my official 24-hour Jurisdictionary self-help course you can order by clicking this blue link.
Know how to control the judge - or you will lose!
These "Tips & Tactics" newsletters are only the tip of a giant
iceberg of lawsuit knowledge you need to win. If you don't yet have my official 24-hour step-by-step self-help course, go to my website and order now!
Learn how to control judges ... so you can WIN!
Dr. Frederick David Graves, JD
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-----------------------------------------
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Learn why the people who wrote the testimonials in the right column are so thankful. →
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Dr. Frederick D. Graves, JD
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