Rule 103(d) allows the appellate court to notice “plain error.” This would be possible only when both the nature of the error and its effect on the trial are clear from the record before the appellate court. Normally, this will not be true. 11. How can a party make an offer of proof of the nature of excluded evidence without subjecting the jury to that evidence and thus prejudicing the rights of the opponent?
The simplest is to ask the judge to excuse the jury while the offer is made in front of the court reporter. Another is to inform the court reporter of the substance of the evidence during a break in the trial, when the jury is not present.