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 this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field.
In epistemology, eviden ...
in support of an
argument
An argument is a statement or group of statements called premises intended to determine the degree of truth or acceptability of another statement called conclusion. Arguments can be studied from three main perspectives: the logical, the dialect ...
(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 most important is the nation's Constitution, which prescribes the foundation of the federal government of the United States, as well as ...
), 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 o ...
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 c ...
or
witnesses
In law, a witness is someone who has knowledge about a matter, whether they have sensed it or are testifying on another witnesses' behalf. In law a witness is someone who, either voluntarily or under compulsion, provides testimonial evidence, e ...
.
Where a party is denied the right to introduce evidence because that evidence would be inflammatory,
hearsay
Hearsay evidence, in a legal forum, is testimony from an under-oath witness who is reciting an out-of-court statement, the content of which is being offered to prove the truth of the matter asserted. In most courts, hearsay evidence is inadmi ...
, or would lack sufficient
authentication
Authentication (from ''authentikos'', "real, genuine", from αὐθέντης ''authentes'', "author") is the act of proving an assertion, such as the identity of a computer system user. In contrast with identification, the act of indicat ...
, that party must make a proffer of what the evidence would have shown in order to preserve the issue for
appeal 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 state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pe ...
*
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 used in a significant ...
*
Offer of proof
*
Preliminary hearing
Within some criminal justice systems, 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 ...
*
Trial by ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to a painful, or at least an unpleasant, usually dangerous experience.
In medieval Europe, like trial by combat, tr ...
*
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 unofficial ...
References
Evidence law
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