Offers of Proof - How to Tell Your Story

“What, I don’t get to tell the judge my side of the story?”

            Yes, but through your attorney.  Judges prefer and are requesting that direct testimony from the parties in domestic relations temporary orders hearings and post-decree motions hearings occur by offers of proof rather than direct examination by the party on the stand.  Courts are primarily taking this approach in the interest of judicial economy.  Dockets are full and efficient use of time has become paramount.  This can be frustrating if you are the party in the proceeding who wants to have a chance to tell the court your side of the story.

            An offer of proof provides your attorney the ability to tell the Court what you, the client would say if you were to testify.  The hearing will work something like this:  Your attorney will proceed with the offer of proof as to your testimony.  The Court will then swear you in and inquire whether there are any corrections to the offer or whether you accept the offer as your testimony.  The opposing attorney will then have the opportunity to cross-examine you on the witness stand, and your attorney will have a chance to re-direct you.

            The critical element here, the way you get to tell your side of the story, is through the thoughtful and thorough preparation of the offer of proof of your testimony by your attorney.  Preparation is key.  Your attorney should meet or teleconference with you to review your testimony for accuracy and completeness.  You should be aware of and feel comfortable with the contents of the offer of proof that will be made.  After all, it’s your sid