CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Relevance
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Effect of Erroneous Excl of Relevant Evid
.........Prpse of Evid. Known-Offer of Proof
12 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.
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.
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.