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Posts Tagged ‘Offers’

Federal Judge Offers Ideas To Reform the Teaching of Law

09 Jan

Judge José A. Cabranes of the Second Circuit Court of Appeals was the lunchtime speaker at the Association of American Law Schools’ gathering last Friday. He was pretty blunt about his view of the current state of law schools, suggesting…

 

ABA Standing Committee on the Law Library of Congress Offers Free Training Session on How to Conduct Free Legal Research Online in NOLA Next Month

09 Jan

Hat tip to Amy E. Horton-Newell, Director, ABA Standing Committee on the Law Library of Congress for calling this interesting education and professional development opportunity to my attention. The American Bar Association Standing Committee on the Law Library of Congress…

 

Next to Last Chapter in the Baltimore Law Saga: Local Attorney Offers $10K If Closius Returns as Dean

05 Aug

On August 1, Ronald V. Miller, Jr. of the Maryland firm of Miller & Zois and UB Law adjunct faculty member for 13 years posted the following offer on The Maryland Injury Law Blog: I really believe that Dean Closius…

 

Justia Offers Daily Case Notifications

28 Jun

Justia announced that it will supply daily opinion summaries for cases from the U.S. Supreme Courts, the Circuit Courts of Appeal, and all 50 state Supreme Courts. Summaries are sent via email and can be customized by jurisdiction and topic….

 

How to Make Offers of Proof

31 May
From the Jurisdictionary Evidence Tutorial … 

If you begin to offer evidence and, before you can get it before the court, the other side objects and the court sustains the objection,  you must move the court to allow you to make clear on the record what the evidence was.

This is called an offer of proof.

If you don’t get your evidence in and don’t offer the proof, you’ll have nothing to appeal if the court rules against you.

You won’t be able to win on appeal, because the record for the appellate court to review will not show what the evidence would have been!

Therefore, when your attempt to get evidence in is prevented by the court’s sustaining the other side’s objection, be sure to make an offer of proof stating what the evidence would have been and what you intended to prove by it.

Then, if an appeal must be taken to the higher court on the basis that you were not allowed to get the evidence in, you’ll have a record to show what the evidence was (or would have been) and be able to argue that “but for” the excluded evidence you would have won … or, at least, that you should be given another chance on remand to the trial court with instructions from the appellate court!

In jury trials, offers of proof should be made outside the hearing of the jury. In some cases an offer of proof may be made at the bench, but if you make your offer of proof at the bench, make certain the court reporter comes over to the bench along with his or her recording device to take down every word you, the judge, and other side say!

No record = no appeal possible.

No appeal possible = judge free to rule as he chooses!

Not good.


To learn more about offers of proof, evidence, motions, hearings, pleadings, witness testimony, and other essential know-how you must have to win in court (with or without a lawyer), discover the easy-to-learn methods I teach in my affordable step-by-step official Jurisdictionary self-help course).

I’ve been working 25 years as a case-winning lawyer.

Accept no substitutes!