What Does Sustain Objection Mean? | The US Sun

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DURING a trial or deposition, the word “objection” is often used by an attorney to formally protest what is being said.

But what does it mean when the judge responds “sustained”?

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What does sustain objection mean in court?

When an attorney objects in court, they are signalling they want the judge to disallow the testimony being given or a question from the opposing party.

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It would be their belief that what is being said in some way violates the rules of evidence or other procedural law, according to Cornell Law School.

During a trial, objections are commonly raised when the opposing side asks a question or requests to put an exhibit into evidence.

When a judge rules the objection is “sustained” it means the judge agrees the question was improper under the rules of evidence.

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The witness may not answer the question but if they answer anyway, their response can be “stricken” through a motion to strike.

A good rule of thumb to remember how it works is sustained means stop.

If a judge disagrees with the objection, they will say “overruled” and proceedings are allowed to continue.

In some cases, the judge will ask the attorney to rephrase their question.

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Some common reasons for objections include:

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• Irrelevant – the testimony given after a question asked or the particular item of evidence is not relevant to the case
• Violation of the hearsay rule
• Asked and answered
• Speculative – the question calls for the witness to speculate about something
• Violation of the best evidence rule
• Leading