Section 6.8 Offers of Proof

• Library: Evidence 2017

IV. (§6.8) Offers of Proof

“Generally, appellate courts will not review excluded evidence without a specific and definite offer of proof.” Frank v. Envtl. Sanitation Mgmt., Inc., 687 S.W.2d 876, 883 (Mo. banc 1985). The proponent of evidence must make an offer of proof when an objection to the evidence is sustained to preserve the matter for appellate review. State v. Schneider, 736 S.W.2d 392, 401 (Mo. banc 1987).

The purpose of an offer of proof is to ensure that the trial court and opposing counsel are clear regarding the evidence being offered, allow the trial court to further consider the admissibility of the offered evidence, and allow an appellate court to understand the claim of error related to the exclusion of the evidence. See:

· Frank, 687 S.W.2d at 883

· State v. Lingle, 140 S.W.3d 178, 187 (Mo. App. S.D. 2004)

· Wilkerson v. Prelutsky, 943 S.W.2d 643, 646 (Mo. banc 1997) (“The primary reason for the offer of proof is to preserve the record for appeal[.]”)

An appellate court cannot review a claim of error related to the exclusion of...