What Does Sustained Mean When a Judge Says It

What Does Sustained Mean When a Judge Says It?

In a court of law, judges play a crucial role in ensuring justice is served. During legal proceedings, judges make numerous decisions and rulings that can significantly impact the outcome of a case. One of the terms frequently used by judges is “sustained.” This article aims to explore the meaning of “sustained” when a judge uses it and its significance in legal proceedings.

Definition and Context:

In the legal context, the term “sustained” is commonly used during trial proceedings when a lawyer makes an objection. When an attorney objects to a statement or question made by opposing counsel, they are seeking for the judge’s ruling on whether the objection is valid and should be upheld. If the judge rules in favor of the objecting attorney, they will say “sustained.” On the other hand, if the judge disagrees and allows the statement or question to stand, they will say “overruled.”

Meaning and Implications:

When a judge says “sustained,” it means that they agree with the objection raised by the attorney. The judge deems the objection to be valid, and therefore, the statement or question objected to cannot be pursued any further. By sustaining an objection, the judge is essentially upholding the attorney’s objection, preventing any potentially harmful or irrelevant information from being presented to the jury or the court.

The sustained ruling has significant implications for the course of the trial. It serves to protect the rights of the parties involved by ensuring that only evidence that is legally permissible and relevant is presented to the fact-finder. A sustained objection can prevent misleading or prejudicial information from influencing the decision-making process.

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Furthermore, sustaining an objection can also impact the credibility of the attorney who made the objection. If an attorney is successful in having objections sustained consistently, it reflects their knowledge of the law, their ability to recognize improper statements or questions, and their commitment to protecting their client’s rights.

Frequently Asked Questions (FAQs):

Q: What happens when an objection is sustained?
A: When an objection is sustained, the attorney who made the objection successfully prevents the statement or question objected to from being pursued further. The jury or the court will not consider the objected evidence or testimony.

Q: Can an attorney rephrase a question after it has been sustained?
A: Generally, when an objection is sustained, the attorney should not attempt to rephrase the question. The judge’s ruling indicates that the line of questioning is impermissible, and rephrasing the question would likely lead to the same objection and another sustained ruling.

Q: Can an objection be sustained for any reason?
A: No, an objection can only be sustained if it is based on valid legal grounds. Common reasons for sustaining objections include hearsay, leading questions, relevance, speculation, or violations of the rules of evidence.

Q: Can a sustained objection be appealed?
A: In some cases, an attorney may choose to preserve the issue for appeal by making an offer of proof. This allows the attorney to present the evidence outside the presence of the jury or court for the record. If the objection is sustained and the attorney believes it was an error, they may raise the issue on appeal.

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Q: What happens if an objection is overruled?
A: When an objection is overruled, the judge disagrees with the objection raised by the attorney. The statement or question objected to can be pursued further, and the evidence or testimony will be considered by the jury or court.

In conclusion, when a judge says “sustained,” it means that they agree with the attorney’s objection, preventing the statement or question from being pursued further. This ruling ensures that only legally permissible and relevant evidence is presented during legal proceedings. Understanding the meaning and implications of “sustained” is crucial for attorneys, litigants, and anyone involved in the legal process.