What Does It Mean When They Say Sustained in Court


What Does It Mean When They Say “Sustained” in Court?

Courtroom proceedings can be complex and confusing, especially for those who are not familiar with the legal system. As you observe or participate in a trial, you may come across various terms and phrases that might seem unfamiliar. One such term is “sustained.” When the judge says that an objection is sustained, it has significant implications for the case being heard. In this article, we will explore what it means when they say “sustained” in court, and address some frequently asked questions related to this term.

When a judge sustains an objection, it means that they agree with the objection raised by one of the attorneys. The objection may be based on various grounds, such as relevance, hearsay, leading questions, or improper evidence. By sustaining the objection, the judge is ruling that the question or evidence in question is inadmissible, and therefore cannot be presented to the jury or considered as evidence in the case.

Sustaining an objection essentially means that the judge is preventing the evidence or question from being introduced or answered. This ruling is made to ensure a fair and just trial, where only admissible evidence is considered by the jury or judge in making their decision. It is the judge’s duty to ensure that the rules of evidence are followed and that both parties have a fair opportunity to present their case.

Now, let’s address some frequently asked questions about the term “sustained” in court:

FAQs:

1. What happens after an objection is sustained?
When an objection is sustained, the attorney who asked the question or presented the evidence must move on to another line of questioning or present different evidence.

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2. Can the attorney rephrase the question after an objection is sustained?
Yes, the attorney may rephrase the question in a way that overcomes the objection and makes it admissible.

3. Can the attorney ask the same question again after an objection is sustained?
No, the attorney cannot ask the same question again if it has been sustained. The judge’s ruling stands, and the question cannot be asked in the same manner.

4. What happens if an objection is overruled?
If an objection is overruled, it means that the judge disagrees with the objection and allows the question or evidence to be presented or answered.

5. Can the attorney object to the judge’s ruling?
No, the attorney cannot object to the judge’s ruling on an objection. The judge has the final say in determining whether an objection is sustained or overruled.

6. Can the sustained objection be used against the party who made it?
Generally, a sustained objection cannot be used against the party who made it. However, if an attorney consistently makes irrelevant or improper objections, it may have an impact on their credibility in the eyes of the judge or jury.

7. Can the jury know about the sustained objection?
In some cases, the jury may be instructed to disregard the objection and the associated evidence or question. However, it is up to the judge’s discretion whether the jury should be made aware of the sustained objection.

8. What is the purpose of sustaining an objection?
The purpose of sustaining an objection is to ensure that only admissible evidence is presented in court, and to uphold the rules of evidence for a fair trial.

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9. Can an objection be sustained for any reason?
No, an objection can only be sustained if it is based on a valid legal ground, such as relevance, hearsay, leading questions, or improper evidence.

10. Can an objection be sustained without an attorney raising it?
In some cases, the judge may sustain an objection even if the attorneys do not raise it themselves. This can happen if the judge identifies an issue with the evidence or question without any objection being made.

11. Can an objection be sustained during opening or closing statements?
While objections are less common during opening or closing statements, they can still be sustained if the statement contains improper or inadmissible evidence or arguments.

12. Can an objection be sustained after the jury has heard the evidence?
Yes, an objection can be sustained even after the jury has heard the evidence. In such cases, the judge may instruct the jury to disregard the evidence or question in their deliberations.

Understanding the term “sustained” in court is crucial for comprehending the dynamics of a trial. It serves as a vital mechanism to ensure fairness and adherence to the rules of evidence. By clarifying the meaning of “sustained” and addressing commonly asked questions, we hope to shed light on this important aspect of courtroom proceedings.

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