Also known as: proponents · proposer
Written by attorneys · grounded in primary & secondary sources — see below
A person who offers or advances a legal instrument, claim, or evidence for judicial consideration or acceptance. The term identifies the party bearing the burden to establish admissibility, due execution, or standing in the relevant proceeding.
Patrick Phan offered a hearsay statement from a missing witness at trial. The court refused to apply the Rule 804 exception after finding that Phan had arranged for the witness to leave the jurisdiction. The statement was excluded because the proponent had wrongfully caused the declarant's unavailability.
Parker Phillips and Preston Pratt sponsored a city ballot measure. After the district court invalidated the measure, the city declined to appeal. Phillips and Pratt attempted to appeal but were denied standing because they asserted only a generalized interest in the law's enforceability.
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Paula Pierce offered her father's will for probate. She presented the signed document and testimony of one attesting witness. The court ruled that Pierce, as proponent, had satisfied the prima facie burden of due execution under the probate code.
Phuong Pham offered an unwitnessed document as her aunt's will. She introduced the decedent's handwritten note and video recording stating the document was her final wishes. The court excused the execution defect after Pham proved by clear and convincing evidence that the decedent had adopted the document as her will.
Pierre Poulin sought to introduce a business record under the residual hearsay exception. He demonstrated that the record was more probative than any other evidence reasonably obtainable. The court admitted the statement after finding the proponent had satisfied the residual exception requirements.
Prime Logistics offered a hearsay statement under the residual exception. Its counsel served written notice on opposing counsel thirty days before trial that included the statement's substance and the declarant's name. The court admitted the evidence after confirming the proponent had given reasonable notice.
The proponent of the will must establish prima facie proof of due execution in all cases. If the proponent is also the petitioner, the proponent must additionally prove death and venue.
The proponent must establish by clear and convincing evidence that the decedent adopted the document as his or her will. The court then may excuse the execution defect.
The exception does not apply if the proponent procured or wrongfully caused the declarant's unavailability to prevent the declarant from testifying.
The proponent must give an adverse party reasonable written notice of the intent to offer the statement, including its substance and the declarant's name, before trial or hearing.
Private proponents lack standing to appeal an adverse judgment when they suffer no personal concrete injury and assert only a generalized interest in the enforceability of state law.
…did focus on the State's interest in protecting the woman's health rather than in preserving the embryo and fetus.[^maj-48] Proponents of this view point out that in many States, including Texas,[^maj-49] by statute or judicial interpretation, the pregnant woman herself could not be prosecuted for self-abortion or for…