52 Pa. Code § 5.414 - Offers of proof
(a) An
offer of proof may be requested when opposing counsel contends the witness is
not competent to testify to the subject matter or that the evidence to be
offered is inadmissible. An offer of proof also may be made when the presiding
officer has sustained an objection to the admission of testimony or tangible
evidence. If the proffered evidence is tangible, it shall be marked for
identification and shall constitute the offer of proof. If the proffered
evidence is oral testimony, the offer of proof shall consist of a summary of
the evidence which counsel contends would be adduced by the testimony. The
presiding officer may also request a statement of the basis for admissibility
of the evidence.
(b) Subsection (a)
supersedes 1 Pa. Code §35.190(b) (relating to appeals to agency head from
rulings of presiding officers).
Notes
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