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Offer of proof california

Offer of proof 2025

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The document is an Offer of Proof submitted by Plaintiff Margaret Carswell in a foreclosure case against JP Morgan Chase Bank and California Reconveyance Company. It outlines allegations of wrongful foreclosure, fraud, and unjust enrichment related to the handling of her mortgage and deed of trust. The plaintiff argues that the defendants lack proper authorization to initiate foreclosure proceedings, citing issues with the assignment of the deed of trust and potential forgery in recorded documents. The document emphasizes the need for further discovery to establish the identity of the lender and whether any payments made by the plaintiff were unjustly retained.

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What does it mean to make an offer of proof?

An Offer of Proof is technically a short statement by you explaining to the Judge who a witness is, what you expect him or her to say, and why that testimony is important to your case.

What is an offer of proof in New York?

Regardless of the form, an offer of proof must be clear and unambiguous. (Daniels v Patterson, 3 NY 47, 51 [1849] [Before a party excepts on account of the rejection of evidence, he should make the offer in such plain and unequivocal terms as to leave no room for debate about what was intended.

What is the offer of proof rule 103?

Rulings on Evidence. (2) Offer of proof. -In case the ruling is one excluding evidence, the substance of the evidence was made known to the court by offer or was apparent from the context within which questions were asked.

What is the offer of proof in the federal rule of evidence?

Rulings on Evidence. (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.

What is the offer of proof in the Federal Rules of Evidence?

Federal Rule of Evidence 103 specifically provides that a party may claim error if the ruling excludes evidence, [and] a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. Fed. R. Evid. 103(a)(2).