- Home
- Books and Journals
- Carolina Academic Press
- Understanding Evidence (CAP)
- Title
- Chapter 6 Objections and Offers of Proof: Fre 103
§ 6.03 OFFERS OF PROOF: RULE 103(A)(2)
Jurisdiction | North Carolina |
§ 6.03. OFFERS OF PROOF: RULE 103(a)(2)
When evidence has been excluded by a trial court ruling, Rule 103(a)(2) requires an offer of proof to preserve the issue for appeal.34 Without an offer of proof in the trial record, an appellate court cannot determine whether or not the action of the trial court was erroroneous.35 Unlike the situation involved with objections, here there is simply nothing in the record.36 In addition, counsel must state the theory of admissibility as well as the content of the excluded evidence.37
The offer of proof should be made out of the hearing of the jury because an offer in front of the jury informs the jury of the nature of excluded evidence, thus defeating the purpose underlying the judge's decision to exclude. A sidebar conference at the judge's bench or a hearing in the jury's absence may be used for this purpose.38 Although the trial judge may control when an offer of proof may be made (e.g., at a hearing without the jury), a party cannot be precluded from making an offer of proof. Counsel who is prevented from making an offer of proof orally at trial should submit a written motion as soon as possible in order to make a record of the issue.
[A] Form of Offer of Proof
An offer of proof may take several forms. First, an offer of testimonial evidence often takes the form of a statement by counsel as to the expected content of the excluded testimony. There is, however, a real danger that such an offer will be inadequate.39 Second, the trial court may require or be asked to take the "offer" by an examination of the witness, including cross-examination.40 For example, some of the early DNA evidence cases involved several weeks of expert testimony before a decision on admissibility was made.41 Third, an affidavit (which requires an oath) summarizing the witness's expected testimony and signed by the witness is another way to make an offer of proof.42 Finally, excluded documentary evidence should be "marked for identification" and appended to the record of trial.43
[B] Exceptions to Offer-of-proof Requirement
There are several exceptions to the offer of proof requirement. First, an offer is not necessary when the substance of the excluded evidence is "apparent from the context."44 However, trial counsel can never assume that an appellate court will later find that the substance of the offer is obvious from the context; counsel should make a record. Second, although not explicitly stated in Rule 103, more leeway is typically given to a cross-examiner. Frequently, a cross-examiner, conducting a...
To continue reading
Request your trial- Title
- Chapter 6 Objections and Offers of Proof: Fre 103
- § 6.01 INTRODUCTION
- § 6.02 OBJECTIONS: RULE 103(A)(1)
- § 6.03 OFFERS OF PROOF: RULE 103(A)(2)
- § 6.04 MOTIONS IN LIMINE
- § 6.05 UNITED STATES
- § 6.06 UNITED STATES
- § 6.07 INVITED ERROR RULE
- § 6.08 FIGHTING "FIRE WITH FIRE"
- § 6.09 RECORD OF OFFER AND RULING: FRE 103(C)
- § 6.10 HEARINGS OUT OF THE JURY'S PRESENCE: FRE 103(D)
- § 6.11 PLAIN ERROR RULE: FRE 103(E)
- § 6.12 HARMLESS ERROR
- § 6.13 APPELLATE REVIEW OF ADMISSIBILITY DECISIONS
- § 6.14 COMMON LAW "EXCEPTIONS" TO EVIDENCE
- § 6.15 KEY POINTS
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.