Proffer
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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]
See also
- Due process
- Jury trial
- Offer of proof
- Preliminary hearing
- Proffer agreement
- Trial by ordeal
- Unofficial hearing