Proffer

Proffer

[prof-er]
To proffer (sometimes profer) means to offer evidence in support of an argument, or elements of an affirmative defense or offense, often at trial. 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.

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