An offer of proof—also known as an informal bill of exception—is a procedure available during trial for the presentation of evidence the trial court has excluded. An offer of proof is made outside of the jury’s presence and often after the judge has sustained an objection to the admissibility of the evidence.
A bill of exception—also known as a formal bill of exception—is a procedure that allows a party to complain on appeal about evidence that would not otherwise appear in the trial record (because there was no offer of proof made at trial) by detailing the evidence (testimony, etc.) that would have been offered if the trial court had allowed it.
In Texas, an offer of proof is a procedural mechanism used during a trial to create a record of evidence that the trial court has excluded. This is done outside the presence of the jury, typically after an objection to the evidence has been sustained by the judge. The purpose of an offer of proof is to ensure that the appellate court can review the decision to exclude the evidence, as it provides a clear record of what the evidence would have shown. On the other hand, a bill of exception, or formal bill of exception, is used to preserve for appeal the record of evidence that was not admitted during the trial and for which no offer of proof was made. It is a written statement by the attorney detailing the nature of the evidence and the grounds for its admissibility, which is then signed by the judge. This allows the appellate court to consider evidence that was not part of the trial record. Both procedures are important for preserving issues for appeal regarding the exclusion of evidence.
