Legal Definitions - proffer

In legal terms, a proffer refers to the formal act of presenting or offering evidence, testimony, or an argument to a court, typically during a trial or hearing. This presentation is made with the expectation that the court will immediately consider whether to admit the evidence or allow the testimony. If the court decides not to admit the evidence, the proffer serves a crucial purpose: it creates a clear record of what the evidence would have shown, which can be important for a later appeal.

• Imagine a criminal trial where the defense attorney wants to introduce a witness who will testify about the defendant's good character. The prosecutor objects, arguing that such testimony is irrelevant. To address this, the defense attorney might make a proffer to the judge, stating: "Your Honor, we proffer that Ms. Evelyn Reed, if permitted to testify, would explain that the defendant has a long-standing reputation for honesty and peacefulness within their community, which directly contradicts the prosecution's claims of fraud and assault."

  This illustrates a proffer because the attorney is formally presenting what the witness's testimony would be and its intended purpose, seeking the judge's immediate decision on whether to allow the witness to speak.

• Consider a civil lawsuit where a plaintiff's attorney wants to introduce a series of emails as evidence. The opposing counsel objects, claiming the emails are hearsay and lack proper authentication. The plaintiff's attorney would then proffer the emails, explaining: "Your Honor, we proffer these emails, marked as Exhibit B, not for the truth of the statements contained within them, but to demonstrate that the defendant had prior knowledge of the defective product. We also have a witness prepared to authenticate their origin."

  Here, the attorney is formally offering specific pieces of evidence (the emails) and providing a legal justification for their admission, asking the court to rule on their admissibility.

• During a pre-trial motion hearing, a judge indicates a reluctance to allow a particular line of questioning during cross-examination. The attorney who wishes to pursue that line of questioning might make a proffer to the court. They might state: "Your Honor, we proffer that if allowed to explore this topic, we would elicit testimony from the witness that directly contradicts their previous sworn statement, which is essential for impeaching their credibility."

  This example demonstrates a proffer where an attorney formally outlines the expected outcome of a specific action (a line of questioning) and its legal significance, aiming to persuade the judge or to ensure the issue is documented for a potential appeal.