Also known as: question and answer form · Q&A form · question-and-answer format · Q and A form
Written by attorneys · grounded in primary & secondary sources — see below
A structured method for making an offer of proof in which counsel examines a witness through questions and answers rather than a narrative summary. The court may direct this format when evidence is excluded to create a precise record of the excluded testimony while preventing its suggestion to the jury.
Maria Lopez calls a witness to describe internal audit findings in her federal retaliation suit against the City Contracts Department. The judge excludes the testimony and directs Lopez's counsel to conduct a question-and-answer offer of proof with the witness at sidebar. Counsel elicits the specific audit details through structured questions, allowing the court to summarize the substance on the record without exposing the jury to the excluded material.
Automax offers a former engineer's testimony about internal crash-test videos in a design-defect suit. After the judge excludes the testimony, defense counsel objects when the court requires a question-and-answer offer of proof outside the jury's presence. The judge overrules the objection and conducts the examination in that format, producing a clear record of the excluded evidence for potential appellate review.
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Yes. The court may direct that an offer of proof be made in question-and-answer form rather than by narrative summary from counsel. This format allows the record to reflect the precise substance of excluded evidence while keeping it from the jury.
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No. Trial judges have authority to control the mode and order of proof, including the form of an offer of proof. Counsel does not possess an absolute right to select a narrative format when the court directs a structured examination to create an adequate record.
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The format produces a detailed record of excluded testimony for appellate review while preventing inadmissible evidence from reaching the jury. The court may also summarize the proffer on the record after the examination concludes.
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