An offer of proof—also known as an informal bill of exception—is a procedure available during trial for the presentation of evidence the trial court has excluded. An offer of proof is made outside of the jury’s presence and often after the judge has sustained an objection to the admissibility of the evidence.

A bill of exception—also known as a formal bill of exception—is a procedure that allows a party to complain on appeal about evidence that would not otherwise appear in the trial record (because there was no offer of proof made at trial) by detailing the evidence (testimony, etc.) that would have been offered if the trial court had allowed it.

In Alabama, an offer of proof is a procedural mechanism used during a trial to create a record of evidence that the court has deemed inadmissible. This is done outside the presence of the jury, typically after an objection to the evidence has been sustained by the judge. The purpose of an offer of proof is to preserve the excluded evidence for appellate review, allowing the appellate court to understand the context and content of the evidence that was not allowed, and to assess whether the trial court's decision to exclude it was correct. A formal bill of exception, on the other hand, is a more antiquated procedure that was historically used to document objections to evidence that was not admitted during the trial, and thus not part of the trial record. However, modern rules of appellate procedure have largely replaced the need for formal bills of exception with more streamlined processes for preserving a record for appeal. Attorneys in Alabama must be aware of the proper procedures for making an offer of proof to ensure that the appellate courts can review any contested evidentiary rulings.