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Offer and Objection

The document outlines the procedures for offering evidence in court, specifying that evidence must be formally offered with a stated purpose. It details when to make an offer for testimonial and documentary evidence, as well as the requirements for ruling on objections. Additionally, it explains how to tender excluded evidence to preserve the record for appeal purposes.

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6 views1 page

Offer and Objection

The document outlines the procedures for offering evidence in court, specifying that evidence must be formally offered with a stated purpose. It details when to make an offer for testimonial and documentary evidence, as well as the requirements for ruling on objections. Additionally, it explains how to tender excluded evidence to preserve the record for appeal purposes.

Uploaded by

Martin Gacias
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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OFFER AND OBJECTION:

1. OFFER OF EVIDENCE:
 The court shall consider no evidence which has not been formally
offered. The purpose for which the evidence is offered must be specified.
 The offer of evidence and the purpose for which the evidence is
necessary since the court shall render judgment only based on the
evidence offered by the parties.

2. WHEN TO MAKE AN OFFER:


a. Testimonial evidence: The offer must be made at the time that the witness is
called to testify.
b. Object and documentary evidence: The offer must be made after the
presentation of a party’s witness.

3. RULING:
 Must be given immediately after the objection is made unless the court
desires to take reasonable time to inform itself of the question presented.
 It shall always be made during the trial and within such time as to give
the party to whom against it is directed a reasonable opportunity to meet
the question presented by the ruling.
 Reason for sustaining or overruling an objection need not be given.
However, when an objection is based on two or more grounds, a ruling
sustaining one or some of them shall state the ground/s relied upon.

4. TENDER OF EXCLUDED EVIDENCE:


 If the evidence excluded is object or documentary: The offeror shall
attach and make them part of the record
 If the evidence excluded is testimonial: The offeror shall state the name
and personal circumstances of the witness and the substance of the
proposed testimony.
Purpose: To preserve the record for purposes of appeal.

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