Steven J. Knight(L) and AJ Foreman(R) of Chamberlain Hrdlicka.Courtesy photos Mastering the Offer of Proof at Trial
When the jury is excused, you must decide how to present your offer of proof. You, as the attorney, have the option of describing and summarizing the excluded evidence with enough specificity to enable the court of appeals to decide whether the court's ruling was erroneous, say Steven J. Knight and AJ Foreman of Chamberlain Hrdlicka.
April 07, 2022 at 10:49 AM
6 minute read
Analysis
Trial is just around the corner and you're feeling confident. You have critical text messages that demonstrate your opponent's theory of the case is not to be believed. You have a witness lined up to authenticate the messages and explain their meaning, namely your party opponent. But before the start of trial, the court grants your opponent's motion in limine on relevancy grounds. The evidence is not coming in. The case you were excited to try has just become unwinnable. What do you do?
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