OFFER OF PROOF

At trial, when a party explains (or is required to explain) to a judge why a line of questioning or the introduction of an item into evidence is relevant to the case and admissible under the rules of evidence. An offer of proof usually arises when the adverse party objects to a line of questioning or the introduction of evidence claiming it is irrelevant or inadmissible evidence. If the judge agrees that this is an issue which requires further investigation, the judge will momentarily stop the trial, ask the parties to approach and discuss with the judge and out of hearing of the jury (also known as to approach the bench) and provide the party introducing the evidence the opportunity to show how it may be relevant and admissible. The explanation does become part of the trial record. On appeal, an appellate court can use the record to decide whether the ruling by the judge to admit or deny the evidence was correct.