What can a lawyer do to preserve excluded testimony for appeal?

To preserve excluded testimony for appeal, a lawyer can make a proffer or "offer of proof." This procedure involves presenting the substance of the excluded testimony to the court, typically by summarizing what the witness would have said or what the evidence would have shown. By doing this, the lawyer establishes a record that can be referenced if an appeal is filed, demonstrating why the excluded evidence is relevant and important for the case.

The importance of the proffer lies in the fact that appellate courts generally review the record from the trial court. If the excluded testimony is not adequately preserved through a proffer, the appellate court may lack the necessary information to determine whether the exclusion was harmful or prejudicial to the party's case. This step is crucial since just making an argument about the exclusion without the proffer does not provide sufficient context for review.

In contrast, filing a motion for summary judgment does not address the issue of preserving excluded testimony, as this motion is typically aimed at resolving a case without going to trial based on undisputed facts. Ignoring the ruling and proceeding does not preserve the issue for appeal and may result in waiving the right to challenge the exclusion. Waiting until after the trial to address the issue would not allow for the necessary preservation of the