"OBJECTION SUSTAINED" The Judge Yelled Out. What Does That ...

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We hear this in every courtroom drama on TV.

We hear it in every courtroom drama in the movies.

We see it in real life in court.

The judge bangs his gavel and says one of two things.

"OBJECTION SUSTAINED," or "OBJECTION OVERRULED!"

This happens in every civil trial.

This happens in every criminal trial.

Since my background is exclusively in personal injury and medical malpractice cases, I'm going to focus only on civil cases in this article.

A trial is an opportunity to show to a jury that you, the injured victim, are more likely right than wrong that what you're claiming is true.

In a medical malpractice case, you claim your doctor was careless and his carelessness caused you injury.

The doctor disputes your claim.

He says he did nothing wrong.

Your doctor says if he did something wrong, so did you.

He also claims that even if he did something, your injury isn't that bad.

This turns out to be a hotly contested case.

You say white.

The defense says black.

You say it's 10 a.m.

The defense says it's 3 p.m.

You say up.

They say down.

You get the point.

Your case will not settle.

No offer will be made.

That means you're going to trial.

Your attorney must present evidence and witnesses to confirm that (1) your doctor violated the basic standards of medical care, (2) his carelessness was a cause of your injury and (3) your injury is significant and/or permanent.

Plus, he must have a medical expert to confirm each of those things.

During trial when an attorney is asking a witness a question, it might not be phrased well.

In that instance, the opposing attorney has an obligation to tell the judge that there's a problem with the question.

How does an attorney tell the judge that there's a problem with the way another lawyer is asking a question?

Simple.

He jumps up out of his seat and screams out "Judge, I object to the way the question is phrased!"

That will get the Judge's attention.

What happens next?

Assuming the judge was paying attention, he will have to make a snap decision about whether he agrees or disagrees with the attorney who feels the question is improper.

If the judge can immediately decide, he'll do it right then and there.

Sometimes the judge wants to know what the legal problem is with the question before giving his ruling.

Sometimes the judge wants to see legal research done from each attorney to see which way to rule.

If the judge is able to make a routine ruling, he will typically respond one of two ways...

"OBJECTION SUSTAINED" or "OBJECTION OVERRULED.

If the judge says "Objection Sustained," it means that the question is improper.

It means that the attorney cannot ask that question and the witness is not to answer the question.

On the other hand, if the judge says "Objection overruled," he's saying there's no problem with the question.

The attorney can ask that question and the witness can answer it.

Why is this drama of objecting to a question or evidence important in a civil trial?

Legal rulings can be reviewed by a higher court if one side appeals the verdict.

If the judge made an error of law and allowed certain testimony or evidence to come in and that evidence made a difference in the outcome, the appeals court may reverse the verdict and send the case back for a new trial.

To learn more about different objections that arise during trial I invite you to watch the video below...

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Share 11 2 Comments Ryan Ray Nead 6y

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Thanks for this explanation, it's important for people to have an idea of what these interactions mean before they get in the courtroom. It might even make people less likely to get upset with their lawyer during trial when they understand what's happening. 

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