During a breach of contract trial, the plaintiff attempts to introduce a memo written by a company executive that is alleged to outline improper business practices. The defense argues that the memo is highly prejudicial and irrelevant. The judge agrees to exclude the memo. However, the plaintiff’s attorney wants to preserve the matter for appeal. What is the proper procedural step the plaintiff’s attorney should take?
Object to the exclusion of the memo and propose redaction of prejudicial portions.
Make an offer of proof to explain the content and significance of the excluded evidence.
Summarize the excluded evidence and move to reconsider the ruling verbally.
Ask for a recess to gather additional arguments supporting admissibility.
When evidence is excluded, an attorney must make an offer of proof to preserve the issue for appeal. An offer of proof demonstrates what the excluded evidence would have shown if admitted, helping appellate courts evaluate its relevance or potential impact on the case. Without this step, the appellate court may be unable to assess adequately whether excluding the evidence was harmful error. Simply objecting or summarizing the evidence without formalizing the offer is insufficient. Proposing alternative means to admit the evidence, such as redaction, may be relevant trial tactics but are distinct from the procedural requirement of an offer of proof.
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