offer of proof


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offer of proof

n. 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. Often the judge will ask: "Where is this line of questions going?" and the offer of proof is the response. The offer provides the opposition a preview of the questions (and helps prevent surprise), but is essential to over-come the objections. (See: objection, immaterial, irrelevant, evidence, testimony)

References in periodicals archive ?
"The plaintiff's offer of proof did not explain, through her experts' opinions or otherwise, how Drs.
Schmidt's opinion that none of the BMC defendants sufficiently discussed the risks with the decedent or obtained proper informed consent, there is enough in the offer of proof for the plaintiff to go forward with her case against Dr.
The Wisconsin trial court, in deciding whether the defense should go to the jury, asked for an offer of proof and an evidentiary hearing.
Schmidt rambled, interrupted only by a few open-ended questions from the trial court and a brief break during which he reviewed his offer of proof with his lawyer.
She submitted an offer of proof, accompanied by an expert opinion letter, lo a medical tribunal.
A medical malpractice tribunal determined that the plaintiff's offer of proof as to the liability of Nurse Payne was insufficient.
The court held, inter alia, that the plaintiff's offer of proof consisted of the hospital records, the death certificate, and an opinion letter of an expert, Dr.
(b) When the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer of proof or was apparent from the context within which the questions were asked.
Microsoft included in its filing a justification for its decision to present an offer of proof in the record during the court proceeding of May 24.
The judge further found that the plaintiffs offer of proof to a medical-malpractice tribunal did not in and of itself trigger an affirmative duty on the part of the defendant to respond with another offer of settlement.
Rose Benwald, an obstetrician, who remained a party to the case in Superior Court The plaintiff's offer of proof consisted of labor and delivery records of Caritas Good Samaritan Hospital, medical and rehabilitation records of Samantha, and an opinion letter (with attached curriculum vitae) prepared by Dr.
Under that standard, a plaintiff's offer of proof as to negligence will prevail before a medical tribunal if a plaintiff can show: (I) the defendant is a provider of health care as defined under Massachusetts law; (2) the health care provider did not conform to good medical practice; and (3) damage resulted therefrom.