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Evidence. An offer of proof is a kind of motion that a lawyer may present to a judge or to the official presiding over a hearing. It is an explanation made by an attorney to a judge during trial to show why a question which has been objected to as immaterial or irrelevant will lead to evidence of value to proving the case of the lawyer's client.
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A proffer is an offer made prior to any formal negotiations. In a trial, to proffer (sometimes profer) is to offer evidence in support of an argument (for example, as used in U.S. law [1] ), or elements of an affirmative defense or offense. A party with the burden of proof must proffer sufficient evidence to carry that burden.
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The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801 (c)).
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