Overruled vs Sustained (Important Differences You Need To Know)

Overruled vs Sustained - What Does Sustain The Objection Mean - What Does Objection Overruled Mean - Sustained Objection

What is the difference between overruled vs sustained in court?

In this article, you’ll learn about:

  • what an objection is
  • what “sustain the objection” means
  • what “objection overruled” means

Let’s dig in.

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Overruled vs Sustained

When you “object” in court, the judge will either:

  • sustain the objection
  • overrule the objection

Let’s say that the judge’s ruling is to overrule the objection.

This means that the evidence is properly admitted to the courts and the trial can proceed.

When the objection is sustained, that means that:

  • the lawyer must rephrase the question, or;
  • address the issue with the evidence so that the jury hears the correct information.

Read More: How Many Murders Go Unsolved?

What Does “Sustain The Objection” Mean?

When a judge “sustains the objection,” it means that the judge agrees with your objection.

Let’s say that the objection is sustained by the judge’s ruling.

That means that the trial judge has determined that it’s a valid objection.

And that the question was improper under the rules of evidence.

Another reason a judge will sustain the objection is because of leading questions.

A leading question is one that:

  • suggests a particular answer
  • contains information the lawyer is looking to have confirmed

An example of a leading question is “when did you stop beating your wife?”

When a judge sustains the objection, the witness does not have to answer a leading question.

Read More: How Many People Are In Jail For Weed

What Does “Objection Overruled” Mean?

A judge “overruling the objection” means that the judge does not agree with your objection.

The overruling of an objection means that the question may “stand.”

In legal terms, this means that the witness still has to answer the question.

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Rules Of Evidence

“Rules of evidence” means that the admission of evidence has to:

There are a few principles for the rules of evidence for a court decision.

  • Witnesses can only present facts they personally observed.
  • Every witness must be able to be cross-examined.
  • The documents must be original and authentic.

Read More: What Are 1st, 2nd, and 3rd-Degree Murders

What Are The Different Types Of Objections In Court?

The types of objections you’ll face in court are:

  • irrelevant (information is not relevant to the case)
  • incompetency of the witness (unable to understand the duty to tell the truth)
  • violation of the best evidence rule (original evidence the witness references is not available)
  • violation of the hearsay rule (recitation of information heard out-of-court)
  • speculative (evidence that has not been collected or doesn’t exist)
  • leading questions (questions that suggest a particular answer)
  • violation of the parol evidence rule (introduction of evidence right before a decision)
  • repetitive

What Is An Objection?

Am objection is how you tell the judge they should not allow the other attorney’s:

  • question
  • evidence
  • testimony

Once the lawyer objects, the trial judge can either:

  • sustain the objection
  • overrule the objection

FAQs For Overruled vs Sustained

Here are some other questions we get asked related to overruled vs sustained objections. 

What Does Overruled Mean In Court?

“Overruled” in court means that the judge rejects the objection and admits the evidence.

What Does It Mean When A Judge Sustains An Objection?

“Sustained” in court means that the judge agrees with the objection and disallows the:

  • question
  • evidence
  • testimony

What Does Sustained Mean In Court?

“Sustained” in court means that the judge upholds the lawyer’s objection.

What Does Objection Hearsay Mean?

Hearsay means that the witness is quoting people who are not in court.

Objection hearsay means the lawyer objects to the witness using someone else’s information.

Read More: What Happens After A Felony Indictment?

What Does It Mean When A Judge Says “Sustained?”

When the judge says “sustained,” it means that they agree with the attorney’s objection.

And that the witness is not allowed to answer the question.

Can A Judge Overrule A Jury?

Yes, a judge can overrule a jury if they feel the jury’s decision is not backed by enough evidence.

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