Rule 16.Presentation of evidence by proffer
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 16
Amendment History
[Amended by order adopted May 22, 2007, effective July 1, 2007.]
Plain-English Summary
Unless the court orders otherwise, all temporary relief hearings are conducted by the presentation of evidence by proffer — counsel telling the court what the evidence would be rather than calling witnesses to give it.
The parties are not thereby absent from their own hearing. They must be present, or may participate remotely under the telephonic and videoconference rule, and may be placed under oath to confirm or modify the evidence proffered on their behalf. That last power is what keeps a proffer tethered: the party whose case it is can be sworn and asked whether it is accurate.
Parties must be given an opportunity to proffer rebuttal evidence, and the court has discretion to limit how long a temporary relief hearing runs.
Frequently Asked Questions
How is evidence presented at a temporary relief hearing?
By proffer, unless the court orders otherwise.
Do the parties have to attend?
Yes — the parties shall be present, or may participate as Rule 18 provides for telephonic and videoconference participation.
Can a party be put under oath during a proffer hearing?
Yes. Parties may be placed under oath to confirm or modify the evidence proffered on their behalf.
Is there a right to respond to the other side's proffer?
Yes. Parties shall be given an opportunity to proffer rebuttal evidence.
Can the court cut the hearing short?
The court has the discretion to limit the duration of temporary relief hearings.