Proffer
Encyclopedia
The word proffer is derived from Anglo-French "por-", forth, and offrir, to offer. The act of proffering involves making an offer prior to any formal negotiations.
In the context of a trial, to proffer (sometimes profer) means to offer evidence
in support of an argument, or elements of an affirmative defense
or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden.
For example, in support of a particular argument, a party may proffer documentary evidence
or witnesses.
Where a party is denied the right to introduce evidence because that evidence would be inflammatory, hearsay
, or would lack sufficient authentication
, that party must make a proffer of what the evidence would have shown in order to preserve the issue for appeal
.
Also; as in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter".
In the context of a trial, to proffer (sometimes profer) means to offer evidence
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
in support of an argument, or elements of an affirmative defense
Affirmative defense
A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...
or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden.
For example, in support of a particular argument, a party may proffer documentary evidence
Documentary evidence
Documentary evidence is any evidence introduced at a trial in the form of documents. Although this term is most widely understood to mean writings on paper , the term actually include any media by which information can be preserved...
or witnesses.
Where a party is denied the right to introduce evidence because that evidence would be inflammatory, hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
, or would lack sufficient authentication
Authentication (law)
Authentication, in the law of evidence, is the process by which documentary evidence and other physical evidence is proven to be genuine, and not a forgery. Generally, authentication can be shown in one of two ways. First, a witness can testify as to the chain of custody through which the evidence...
, that party must make a proffer of what the evidence would have shown in order to preserve the issue for appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
.
Also; as in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter".
- see good faith bargainingImplied covenant of good faith and fair dealingIn contract law, the implied covenant of good faith and fair dealing is a general presumption that the parties to a contract will deal with each other honestly, fairly, and in good faith, so as to not destroy the right of the other party or parties to receive the benefits of the contract...
, barterBarterBarter is a method of exchange by which goods or services are directly exchanged for other goods or services without using a medium of exchange, such as money. It is usually bilateral, but may be multilateral, and usually exists parallel to monetary systems in most developed countries, though to a...
.
See also
- Due processDue processDue process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
- Offer of proofOffer of proofAn offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over an administrative hearing.In the context of a trial or a hearing, a presiding judge may issue a ruling denying a party the right to proffer evidence...
- Jury trialJury trialA jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
- Preliminary hearingPreliminary hearingWithin some criminal justice systems, a preliminary hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial...
- Trial by ordealTrial by ordealTrial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to an unpleasant, usually dangerous experience...
- Unofficial hearingUnofficial hearingUnofficial hearing in the context of U.S. Congress is a hearing conducted by either single Congressmen of the United States or other state or local legislative bodies in order to hear the testimony of the people. It is unofficial because they are not conducted by either Congressional Committees of...