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Formal Offer of Evidence

Evidence not formally offered will not be considered by the court in deciding the case. A party makes a formal offer of his evidence by stating its substance or nature and the purpose or purposes for which the evidence is offered.

1. Exceptions to formal offer: 2. In some cases under the Rule on Summary Procedure 3. In some cases under summary judgments under Rule 35 4. Documents whose contents are taken judicial notice of by the court; 5. Documents whose contents are judicially admitted;

6. Object evidence which could not be formally offered because they have disappeared or have become lost after they have been marked, identified and testified on and described in the record and became the subject of cross-examination of the witnesses who testified on them during the trial, e.g., marijuana involved in a prohibited drugs prosecution.

Purpose: The facts alleged in the pleading, which is now being proved by the evidences adduced. It contains not only the ultimate facts but also the ancillary facts, which would then prove the ultimate facts.

Evidence Table/Listing Contains the evidences offered to prove the facts alleged in the pleading. The Table or listing should contain the specific exhibit marking of the evidence and the description of the evidence offered. The mere marking, identification, or authentication of documentary evidence does not mean that it will be, or has been, offered as part of the evidence of a party.

Prayer: The Basic Prayer is for the evidences be accepted for its intended purposes: WHEREFORE, it is respectfully prayed that the foregoing exhibits be admitted in evidence for the purpose/s for which they are offered and as part of the testimony of the witness presented by the plaintiffs.

Hint: for the Bar Invariably, the Offer of Evidence is made in table or column form such that it would be easier for the Court to see the Exhibit No., Description and Purpose but, for purposes of the Bar, this might not be practicable nor practical. What is important is that the Offer contain the Exhibit Number, a description of the Exhibit and the Purpose of Offer.

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