Proffer

Legal term

Evidence
Part of the law series
Types of evidence
Testimony Documentary Real (physical) Digital Exculpatory Inculpatory Demonstrative Eyewitness identification Genetic (DNA) Lies Consciousness of guilt
Relevance
Burden of proof Laying a foundation Materiality Public policy exclusions Spoliation Character Habit Similar fact
Authentication
Chain of custody Judicial notice Best evidence rule Self-authenticating document Ancient document Hague Evidence Convention
Witnesses
Competence Privilege Direct examination Cross-examination Redirect Impeachment Proffer agreement Recorded recollection Expert witness Dead Man's Statute
Hearsay and exceptions
in English law in United States law Confessions Business records Excited utterance Dying declaration Party admission Ancient document Declaration against interest Present sense impression Res gestae Learned treatise Implied assertion
Other common law areas
Contract Tort Property Wills, trusts and estates Criminal law
v t e

A proffer is an offer made prior to any formal negotiations.

In a trial, to proffer (sometimes profer) is to offer evidence in support of an argument (for example, as used in U.S. law^[1]), or elements of an affirmative defense 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 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 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.^[2]

References

^ "Rule 103. Rulings on Evidence". Cornel Law School - LII / Legal Information Institute. Committee Notes on Rules - 2000 Amendment. Retrieved 2021-07-19.
^ "proffer". Merriam-Webster Online Dictionary. Retrieved 2009-08-25.