Overruled vs Sustained (Important Differences You Need To Know)

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

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.

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.