Also known as: profer · profers · proferens · proffers · proffered · proffering · proffer · contra proferentem
Written by attorneys · grounded in primary & secondary sources — see below
A declaration on the record stating that a party produces in court the deed or other instrument relied on in the pleading.
Select any source to read its text and confirm it supports the definition.
Phoebe Park sues Pulse Media for breach of a licensing agreement. In her complaint she includes a profert declaring that she produces the signed contract in court. The court accepts the pleading as properly supported by the instrument.
Pavel Petrov claims ownership of land against Premier Manufacturing. His complaint contains a profert stating that the recorded deed is produced for the court's inspection. The defendant must respond to the instrument now on record.
Pearl Porter sues Platinum Partners over a commercial lease. She makes profert of the lease in her pleading. The court treats the document as before it for purposes of the dispute.
Pedro Pacheco sues Patriot Insurance on a performance bond. His complaint includes profert of the bond document. The insurer must answer based on the instrument now formally produced.
Portia Price files a will contest against an estate. She makes profert of the will in her pleading. The court proceeds with the document treated as produced on the record.
Priya Prasad sues on a promissory note. Her complaint contains profert of the note. The defendant faces the instrument as part of the pleaded case.
It places the deed or instrument on the record so the court and opposing party may treat it as produced. The declaration satisfies the formal requirement that the pleader show the document relied upon.
Oyer may be demanded only when a profert has been properly made. It allows the opposing party to have the instrument read aloud in open court.
Oyer is disallowed for a private writing under seal even after profert. The rule limits the right to demand reading aloud in that narrow category.
…judge on the bench would call things by their proper names. We could do no less." 22 Trans. of the Am. Med. Assn. 258 (1871). It proffered resolutions, adopted by the Association, id. , at 38-39, recommending, among other things, that it "be unlawful and unprofessional for any physician to induce abortion or premature labor,…