Proffer

Evidence
Part of the common law series
Types of evidence
Testimony Documentary Real (physical) Digital Exculpatory Demonstrative Eyewitness identification Genetic (DNA) Lies
Relevance
Burden of proof Laying a foundation 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 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

The word proffer is derived from Anglo-French "por-", forth, and offrir, to offer. The act of proffering involves making an offer prior to any formal negotiations.

In the context of a trial, to proffer (sometimes profer) means to offer evidence in support of an argument, 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. Also; as in business, a proffer can be a sign of "good faith" a first offer or proposal, to show a willingness to "barter".

• see good faith bargaining, barter.

See also

• Due process
• Offer of proof
• Jury trial
• Preliminary hearing
• Trial by ordeal
• Unofficial hearing