When a judge or witness in a courtroom says “Objection sustained,” what does it mean? In short, it means that the previous objection by the other party has been overruled. It is used primarily in court trials.
In case you’re wondering about this terminology, though, here’s some more information on objecting and sustaining objections.
What is an Objection?
An objection is a statement made by a party in a court trial (or any type of trial) about something that is said or done during the course of the trial. The purpose of an objection is generally to stop, prevent or undo something that the person objecting says or does, for instance if he says that the other person committed some wrongdoing and he wants to stop it; if he does not want to do something such as take the witness stand.
The person making an objection must be a party to the trial. For instance, a person being tried for a crime must not make or defend an objection. However, it is okay for anyone else to object to anything doing that person or something done to him for example if he accuses another person of harming him.
What are Sustained Objections?
A sustained objection is any objection that is heard by the judge and overruled by the judge.
What are the Types of Objections?
Objections can be classified into two general categories:
General Objections: These objections are not made in response to specific information. Generally, if the judge does not overrule a general objection, then no ruling will be made on that point. The judge may ask more questions or allow more evidence to be presented. For instance, “I would like to make a general objection,” is one that’s considered a general objection.
These objections are not made in response to specific information. Generally, if the judge does not overrule a general objection, then no ruling will be made on that point. The judge may ask more questions or allow more evidence to be presented. For instance, “I would like to make a general objection,” is one that’s considered a general objection. Specific Objections: These are also called contentions and they are made in response to specific information that is presented either by the prosecution or the defense. The objection is based on the information and whether it should have been presented. Here’s an example: “I am making a specific objection because my client says that he did not commit a murder.” With this objection, it is likely that the judge will ask questions and more evidence may be presented.
Overruling these objections is called overruling the objection and then you will be asked if you wish to change your testimony or if you don’t wish to introduce new evidence or continue with your questioning of the witness.
It’s important to note that an objection can be made or sustained at any time during a trial or questioning of a witness.
When is the Objection Sustained?
When the judge hears an objection, he will overrule it if he thinks that it is not valid. Otherwise, the judge will sustain it and make a ruling on that specific point. If the judge sustains an objection, then he lets you know and stops you from doing something such as asking a question or introducing additional information.
What Happens if the Objection is Sustained?
If the judge sustains an objection, then you will be asked if you wish to go on with your questioning of the witness or not. If you do wish to continue with your questioning of the witness, then the judge may ask some additional questions with which you must comply. For instance, a lawyer may ask a witness a specific question and then to support it he may have some additional evidence to present. Next, the judge may ask the lawyer if he wants to change his question and the lawyer will then be required to answer the new question.
If you do not wish to continue with your questioning of the witness, then you must wait in silence unless you have something else to say. As suggested by its name, a “sustained objection” is considered a final decision. You can no longer object unless something happens during court proceedings that would change this ruling.
You may, however, speak later during a trial. For instance, if you want to change your testimony, you can ask the judge to allow this. If needed, the judge will then ask you if you wish to change your testimony.
What Type of Objections Should I Make?
As noted above, you can only make a specific objection as long as you are responding to specific information. If you want to make a general objection, this is allowed at any time during the trial. The reason that most lawyers generally use specific objections is that they are more complete and easier to defend than general objections.
It is usually best if they deal with facts and try to show the flaws in your evidence or questions. Remember that the questions to be asked and what evidence to be presented must come from the party himself. Another person cannot conduct a line of questioning or introduce evidence on his behalf.
No matter what kind of objection you make, it is crucial that you do it correctly or else your objection will not be sustained by the judge. Attorneys rely on objecting to things they don’t agree with to ensure that their clients get a fair trial. When you have an attorney, he will be responsible for making legal objections for you in court.
Being able to object correctly is an important part of any trial and if you are ever on trial, your lawyer will make all the objections for you. He may also advise you to make specific objections yourself, especially if they are not contentions or rebuttals. This can be a winning strategy because it shows that your lawyer has done his job properly and that he was watching what was going on in the case to see if there were any issues or problems with anything that was happening.