CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Effect of Erroneous Excl of Relevant Evid
.........Prpse of Evid. Known-Offer of Proof
 14 Cards On This Topic:
  • Effect of erroneous exclusion of relevant evidence.
  • Fed. Rules Evid. requires offer of proof to preserve issue of erroneously excluded evidence.
  • Failure to make an offer of proof as to the impeachment evidence that might have been elicited on cross-examination forfeits the issue on appeal.
  • Trial court's error in excluding W testimony about V sleeping with window open not prejudicial; in the event, D didn't explain its relevance at trial, precluding him from challenging exclusion on appeal.
  • Where proponent did not make an offer of proof of substance of the excluded evidence the appellate court cannot assess prejudice.
  • Purpose of offer of proof is to inform appellate court of nature of evidence excluded so it can determine whether erroneous exclusion warrants reversal.
  • Exclusion of evidence of victim negligence proper where substance, purpose and relevance of evidence not communicated to court.
  • Purposes of offer of proof: to apprise trial ct. so that informed evidentiary ruling can be made and create clear record for appellate review.
  • Failure to make offer of proof precludes consideration of error.
  • Lack of offer of proof excused where entire class of evidence declared inadmissible in advance.
  • Offer of proof may be necessary for court to assess Evid. Code §352.
  • Form of offer of proof must consist of admissible evidence.
  • Offer of proof must be in form of testimony to be presented, not synopsis.
  • Cases discussing various aspects of offers of proof.


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