Rule 103 requires that a party whose evidence was excluded inform the court of its substance, unless the substance was apparent from context. The offer may be made by counsel's statement, question and answer, or documentary submission.
Failure to make one forfeits appellate review.
Alternative Names:
Proffer|Rule 103 Offer
Why it Matters?
Preservation fails without the offer, since an appellate court cannot assess whether exclusion was harmful without knowing what the evidence would have shown. Counsel's summary is generally sufficient but a question and answer proffer outside the jury's presence is stronger where the testimony's specifics matter. Making the offer promptly rather than at the close of evidence avoids the argument that it came too late to permit reconsideration.
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Frequently asked questions
What happens without an offer of proof?
What form should it take?
