what does it mean when a judge says sustained after a lawyer says i object

by Makenzie Kling 8 min read

After an attorney objects, the judge can either sustain the objection or overrule it. Generally, if a judge says “sustained,” it means they agree with the objection, and if they say “overruled,” it means they do not agree with the objection. If an objection is sustained, it means the judge has disallowed the question, evidence, or testimony.

If a judge sustains the objection, it means that the judge agrees with the objection and disallows the question, testimony or evidence. If the judge overrules the objection, it means that the judge disagrees with the objection and allows the question, testimony or evidence.

Full Answer

What does it mean when a judge says an objection is sustained?

The judge responds immediately and says "Objection sustained." What does that mean? It means that the question is improper and should not be answered. It means the attorney must now ask another question. It means the witness is not to answer the question.

What does it mean when a judge says a question is sustained?

What does sustained mean legally? in trial practice, for a judge to agree that an attorney’s objection, such as to a question, is valid. If the judge agrees he/she will rule “sustained,” meaning the objection is approved and the question cannot be asked or answered.

What does it mean when a lawyer objects to something?

Dec 27, 2020 · Or does he disagree? If he does not agree with the lawyer making the objection he will say "Objection overruled!" That means the question is appropriate and the witness must answer the question. If the judge says "Objection sustained" it means that the question is not appropriate and the witness is NOT to answer the question.

What does sustain the objection mean?

Jan 20, 2012 · 10/4/2020 07:59:51 pm. When an objection is sustained, the judge has determined that is a valid objection. That means the question was improper under the rules of evidence. The witness may not answer the question. (If the witness …

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What does it mean when objection is sustained?

When an objection is overruled it means that the evidence is properly admitted to the court, and the trial can proceed. When an objection is sustained, the lawyer must rephrase the question or otherwise address the issue with the evidence to ensure that the jury only hears properly admitted evidence.

What does it mean when a lawyer says sustained?

Objection Sustained or Sustained: When a lawyer objects to the form of a question or the answer a question calls for, the judge may say, “Objection sustained” or merely, “Sustained.” This means the evidence sought cannot be admitted or accepted as evidence.

What does it mean when a judge sustain?

Search Legal Terms and Definitions If the judge agrees he/she will rule "sustained," meaning the objection is approved and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will "overrule" the objection.

Does sustained mean guilty?

One of the terms you hear in California juvenile delinquency court is “sustained juvenile petition.” Essentially, a sustained juvenile petition is the same thing as a guilty verdict in adult court.

What does it mean to sustain a decision?

To affirm, uphold or approve, as when an appellate court sustains the decision of a lower court. To grant, as when a judge sustains an objection to testimony or evidence, he or she agrees with the objection and gives it effect.

What does sustained mean in a court case?

To sustain means to support or maintain, especially over a long period of time; to endure or undergo. In legal contexts, to sustain may also mean to uphold a ruling (e.g., “objection sustained”).

What does "objection sustained" mean?

That means the question is appropriate and the witness must answer the question. If the judge says "Objection sustained" it means that the question is not appropriate and the witness is NOT to answer the question. To learn more about objections that are used in civil lawsuits in New York, I invite you to watch the quick video below...

What is an objection in a case?

Each objection is simply to alert the judge that one attorney has a problem. A problem with the question being asked. A problem with the document being offerd into evidence. A problem with the way the attorney is treating the witness.

What does it mean when an objection is sustained?

When an objection is sustained, the judge has determined that is a valid objection. That means the question was improper under the rules of evidence. The witness may not answer the question. (If the witness answers anyway, that answer may be "stricken.")

What happens when an objection is overruled?

When an objection is overruled, the question that was objected to is a good question and will remain in the record, and the witness is permitted to answer it. The judge will sometimes say that the question stands.

What is the key to success in family law?

Competence is the key to success. The best family law attorney will dedicate hours to learning their craft, acquiring knowledge about the intricate labyrinthine laws and in using these when needed to bring about a positive result in their client's favor.

What happens when an objection is sustained?

When an objection has been "sustained" by the court, the objection has been accepted, and recorded. This usually results in some action being taken by the court such as requiring a previous comment to be struck off the transcript or a previous question withdrawn, etc.

What is an objection in court?

An objection, as the name indicates is an objection to something said or done by opposing counsel during the proceedings. Sustained is when a judge acc. Continue Reading. These are terms attorneys use in a court of law.

What is hearsay in court?

Hearsay is basically when someone in court reports on what someone else said outside of court. So, for example, during a trial, a lawyer could not present evidence of a neighbor who testifies, “I heard Bob say he was going to rob the bank.”. That is hearsay, because the witness is reporting on what someone else said.

What does "objection" mean in a case?

Opposing counsel says “objection” when the other side tries to present evidence that is not allowed (or any error in the proceedings, not necessarily evidence). So if the witness testified that the car was going 40 mph, the other attorney would say “objection, foundation.”.

What happens if a lawyer violates the rules?

If a lawyer violates the rules his or her opponent will stand and say objection and say how the rules were violated. If the judge agrees, he or she will sustain the objection. If the judge disagrees, he or she will overrule the objection.

What is a jury trial?

Remember the jury trial is for the jury not the lawyers or the judge. In a jury trial, objections can feel dramatic to the lawyers, and maybe the judge, but that’s it. In courtroom TV dramas and courtroom movies, the lawyers are our emotional anchors, not the jurors!

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