A judge will typically say "sustained" to agree with an objection made during a legal proceeding. This ruling indicates that the judge concurs with the point of the objection.
In a courtroom, objections are a crucial part of ensuring that trials follow legal rules of evidence and procedure. When a lawyer or a party believes that an opposing counsel's question, a witness's answer, or a piece of evidence violates these rules, they can raise an objection. The judge then makes a ruling on that objection.
Understanding "Sustained" in Court
The term "sustained" is a direct response from the judge to an objection. It signifies that the judge finds the objection to be valid and agrees with the reasoning behind it.
- Sustained: When a judge says "sustained," it means they have upheld the objection. The consequence is that the action being objected to—whether it's a question, a line of testimony, or a piece of evidence—is disallowed or must be modified. For example, if an attorney objects to a question as "leading the witness" and the judge says "sustained," the questioner must rephrase the question or ask a different one.
Conversely, judges use another specific term when they disagree with an objection:
- Overruled: If a judge says "overruled," it means they have rejected the objection. The judge finds the objection to be without merit, and the proceeding continues as if the objection had not been made. The question, testimony, or evidence that was objected to is permitted.
When is "Sustained" Used? Practical Insights
The judge's decision to "sustain" an objection serves to maintain fairness, relevance, and adherence to legal standards throughout a trial. Here are common scenarios where a judge might sustain an objection:
- Improper Questions: If a lawyer asks a question that is irrelevant, argumentative, speculative, or assumes facts not in evidence, an opposing attorney may object. If the judge agrees the question is improper, they will sustain the objection, and the witness will not answer it.
- Inadmissible Evidence: When a party attempts to introduce evidence that is prohibited by rules of evidence (e.g., hearsay, lack of foundation, privileged communication), an objection can be raised. If the judge finds the evidence inadmissible, they will sustain the objection, preventing its inclusion in the record.
- Witness Testimony Issues: Objections might also target a witness's answer if it is non-responsive, gives an opinion without proper qualification, or introduces irrelevant information. If the judge agrees, the objection will be sustained, and the answer might be stricken from the record.
Sustained vs. Overruled: A Comparison
Understanding the distinction between these two judicial rulings is essential for anyone observing or participating in court proceedings.
| Ruling | Meaning | Effect |
|---|---|---|
| Sustained | The judge agrees with the objection. | The objected action (e.g., question, evidence, testimony) is stopped or disallowed. |
| Overruled | The judge disagrees with the objection. | The objected action is permitted to proceed. |
