9.33 - 1. Offer Of Proof
| Jurisdiction | New York |
1. Offer of Proof
An offer of proof ensures that the trial record will reflect evidence that is favorable to your case, even if the trial court refuses to admit that evidence. Therefore, identify on the trial record every exhibit and objection that is favorable and relevant. Mark documents, photographs or any other physical evidence as exhibits and identify that evidence on the record before you offer it.
With respect to testimony, if the trial court prevents you from pursuing a line of questioning...
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- 9.0 - I. Introduction
- 9.1 - II. Doctrine Of Preservation
- 9.2 - A. General Principles
- 9.3 - 1. Fairness
- 9.4 - 2. Judicial Economy
- 9.5 - B. Issues Raised For First Time On Appeal
- 9.6 - 1. Determinative New Legal Issues
- 9.7 - 2. Pure Questions Of Law Or Statutory Interpretation
- 9.8 - 3. Issues Supported By Trial Record
- 9.9 - C. Exceptions To Doctrine Of Preservation
- 9.10 - D. General Strategies For Complying With Doctrine Of Preservation
- 9.11 - III. Building The Record Before Trial
- 9.12 - A. Pleadings
- 9.13 - B. Disclosure
- 9.14 - 1. Concept Of Disclosure In New York
- 9.15 - 2. Depositions
- 9.16 - 3. Interrogatories
- 9.17 - 4. Discovery And Production Of Documents And Items For Inspection, Testing, Copying Or Photographing
- 9.18 - C. Pretrial Motions
- 9.19 - 1. Introduction
- 9.20 - 2. Strategies To Preserve An Issue Or Argument At The Pretrial Stage
- 9.21 - 3. Importance Of Pretrial Motions And Interlocutory Appeals
- 9.22 - A. Interaction Between Interlocutory Appeals And The Necessarily Affects Doctrine
- 9.23 - B. Pretrial Motions And Law Of The Case Doctrine
- 9.24 - D. Note Of Issue And Certificate Of Readiness
- 9.25 - IV. Protecting The Record At Trial
- 9.26 - A. Exception Vs. Objection
- 9.27 - B. Requests And Objections
- 9.28 - 1. Function
- 9.29 - 2. Specificity
- 9.30 - 3. Timeliness
- 9.31 - 4. Repeated Objections Unnecessary
- 9.32 - C. Evidence
- 9.33 - 1. Offer Of Proof
- 9.34 - 2. Inclusion Of Disputed Evidence
- 9.35 - D. Jury Selection
- 9.36 - E. Opening Statements And Summations
- 9.37 - F. Motion For Directed Verdict
- 9.38 - 1. Law To Be Applied In The Case
- 9.39 - 2. Verdict
- 9.40 - H. Post-Trial Motions
- 9.41 - V. Interests Of Justice Jurisdiction
- 9.42 - VI. Conclusion
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