Avowal
Definition
1) A declaration.
2) An offer of proof made (after a judge has ruled evidence inadmissible) in order to preserve evidence in the record for consideration on appeal.
Illustrative caselaw
See, e.g. Tetrick v. Frashure, 119 S.W.3d 89 (Ky. Ct. App. 2003).
See also
Definition from Nolo’s Plain-English Law Dictionary
A direct statement or declaration. Often refers to a sworn statement a witness makes after the judge rules that his or her testimony will not be admitted at trial. The avowal creates a record of what the witness would have said, which may be considered by a higher court if a party appeals the judge's refusal to allow the testimony.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:11 pm
