what does it mean when a judge says sustained over evidence that the opposing attorney says object

by Frederique Halvorson 4 min read

When the judge says “Objection sustained” it means that the witness is not to answer the question. It means the judge agrees with the attorney who has objected. That might mean that the question was improper.

objection

Full Answer

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

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.

When to object to evidence in a court case?

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.

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

Jan 20, 2012 · 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 in court?

What does the judge mean in Section 25 when he says objection sustained? 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 .

What does it mean when a judge says 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 sustained mean in a court of law?

Primary tabs. 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”).

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. ... This is analogous to a criminal complain in adult court.

What does the judge mean in Section 25 when he says objection sustained?

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. ... The witness must then answer the question.

What happens when an objection is sustained?

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.

What does not sustained mean?

Not Sustained means the investigation failed to disclose sufficient evidence to prove or disprove the allegations made in the complaint.

What does overruling mean in law?

Overruling is the procedure whereby a court higher up in the hierarchy sets aside a legal ruling established in a previous case.

What is sustained improvement?

Sustained Improvement means the organization sustains the improvements in performance for at least one year after the improvement in performance is first achieved.

What do you say after objection Your Honor?

Making the ObjectionStand and say, for example, “Objection your honor that question lacks foundation. ... If you've already made the point or are at a loss of words, say “Submitted, your honor.”“Sustained” means an objection is granted; “Over-ruled” means not granted.Don't thank the judge for ruling in your favor.More items...

What does the judge say when the case is over?

Judge: (After verdict is read) Thank you, Jury, for your service today. Court is adjourned. Any attorney may object to a question asked of a witness on the stand or the admission of an exhibit if s/he feels that it does not follow a rule of evidence.

What is hearsay in court?

Definition. Hearsay is an out-of-court statement offered to prove the truth of whatever it asserts.

What does it mean if something is sustained?

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.

What does overruled mean in court?

1) A trial judge’s decision to reject a party’s objection–often, to a question for a witness or the admission of evidence. By overruling the objection, the judge allows the question or evidence in court.

Do lawyers actually say objection?

Lawyers have a right and a duty to make any objections that they see fit. In fact, if a judge ruled against you, and you are appealing from the conviction, unless the Court’s error was a blatant violation of the defendant’s constitutional rights, if you DON’T object.

What are the different types of objections in court?

Here are some common reasons for objecting, which may appear in your state’s rules of evidence.

What is a sustained attack?

Continuing fire suppression action until fire is under control. Source: nwcg.gov. Add meaning of Sustained Attack.

What is sustained damage?

Sustained damage is damage over a longer period taking reload times into account. Normally more for taking down heavies in PvE. level 1.

Can a judge refuse to look at evidence?

It is not judicial misconduct for a judge to believe one party instead of another and to rule accordingly. It is not bias for the court to find another witness or party credible and you not. It is not error for a court to disbelieve or find your evidence unpersuasive…

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 that means is that the attorney who is asking the question cannot ask that question

Even though the question has already been asked, he must now move on and ask another question.

It might mean that the attorney is harassing the witness

It might mean that the attorney is asking something that is not relevant to the legal issues in the case.

That means that whatever the attorney perceived to be improper or prejudicial, the judge felt that it was not

Another key reason why it is critical for an attorney to raise an objection if he perceives that there is some injustice is that it preserves his right to appeal if he loses.

If you were to observe a civil trial in any of the state courts here in New York, you would notice that attorneys make objections all the time

You might be thinking that if an attorney is constantly making objections, it must be annoying and frustrating for the jury, the witness and even the judge.

To learn more about trial objections, I invite you to watch the brief video below..

"Objection!" I Yell. "Overruled!" NY Judge Says. "I Take Exception Judge!" Attorney Oginski Explains

What does "overruled" mean in a court case?

overruled, which means the evidence can be considered.

What is relevance in court?

Relevance. You can object to the relevance of evidence if you think a piece of evidence or something a witness is saying has nothing to do with the case or it is not important in determining who should win in court. Example: Asking how many sexual partners someone has had wouldn’t be relevant in a protection order case.

What is an example of a protection order?

Example: Asking how many sexual partners someone has had wouldn’t be relevant in a protection order case. Unfair/prejudicial. You can object to evidence, even if it’s relevant, if the evidence would unfairly turn the judge or jury against you. This is what is meant by saying the evidence is prejudicial.

What is compound question?

Compound question. A compound question is when two or more questions are combined as one question. Compound questions are not allowed because they can confuse the witness, the judge, and the jury. Also, it may not be clear for the court record which of the questions the witness is answering.

What is a vague question?

Vague. A vague question is when it is difficult or impossible to tell what the question is about. You would want to object to a vague question that is asked of your witness because of the risk that the witness will misunderstand the question and say something that will hurt your case.

What is documentary evidence?

Documentary or physical evidence. Parties have to go through a process to enter documentary or physical evidence into the court record. During that process, the party that is entering the evidence will show the document, item, etc., to the other party so that s/he can examine the document. At this point, you can object to ...

Is hearsay a testimony?

Hearsay. A person can only testify as to what s/he knows to be true, not what s/he heard from someone else. If a witness tries to testify about what a non- party told him/her or tries to enter into evidence something in writing that a non-party wrote, then the testimony or written evidence is objectionable as hearsay.

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. If the decision is "overruled", then the objection failed, ...

What is standing objection?

A “standing objection” is one that applies without someone having to say “objection” in court. If you fail to object to a question when it is asked, you can forfeit the right to argue that the question was improper later.

What does it mean when a judge overrules an objection?

If the judge “overrules” the objection, it means the judge doesn’t feel any rules were broken, and they refuse to take whatever action the objecting lawyer asks. Edit: Note that the above examples are not a complete list of what a lawyer might object to. They’re just the examples that came easily to mind.

What does "sustain" mean in a sentence?

Sustain means the gun will not come in. -It is a shorter way of the Judge saying "I agree with the objection and you cannot talk about X". Overruled means the gun will come in. -This is a shorter way of the Judge saying "I disagree with the objection and you can talk about X.". Promoted by Grammarly.