A proffer is an offer made prior to any formal negotiations.
In a trial, to proffer (sometimes profer) is to offer
evidence
Evidence for a proposition is what supports the proposition. It is usually understood as an indication that the proposition is truth, true. The exact definition and role of evidence vary across different fields. In epistemology, evidence is what J ...
in support of an
argument
An argument is a series of sentences, statements, or propositions some of which are called premises and one is the conclusion. The purpose of an argument is to give reasons for one's conclusion via justification, explanation, and/or persu ...
(for example, as used in
U.S. law
The law of the United States comprises many levels of codified and uncodified forms of law, of which the supreme law is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as va ...
), or elements of an
affirmative defense
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's ...
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 is any evidence that is, or can be, introduced at a trial in the form of documents, as distinguished from oral testimony. Documentary evidence is most widely understood to refer to writings on paper (such as an invoice, a co ...
or
witnesses
In law, a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, either oral or written, of what they know or claim to know.
A witness might be compelled to provide testimony in court, before a grand jur ...
.
Where a party is denied the right to introduce evidence because that evidence would be inflammatory,
hearsay
Hearsay, in a legal forum, is an out-of-court statement which is being offered in court for the truth of what was asserted. In most courts, hearsay evidence is Inadmissible evidence, inadmissible (the "hearsay evidence rule") unless an exception ...
, or would lack sufficient
authentication
Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an Logical assertion, assertion, such as the Digital identity, identity of a computer system user. In contrast with iden ...
, that party must make a proffer of what the evidence would have shown in order to preserve the issue for
appeal
In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
through a formal procedure, such as an
offer of proof.
As in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter".
Etymology
The word ''proffer'' is derived from Anglo-French "por-", forth, and "offrir", to offer.
See also
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Due process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual p ...
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Jury trial
A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions.
Jury trials are increasingly used ...
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Offer of proof
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Preliminary hearing
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether the ...
*
Proffer agreement
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Trial by ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused (called a "proband") was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience.
In medieval Europe, like ...
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Unofficial hearing
Unofficial hearing in the context of U.S. Congress is a hearing conducted by either single congressional representatives of the United States or other state or local legislative bodies in order to hear the testimony of the people. It is unofficia ...
References
Evidence law
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