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Objection Sustained or Objection Overruled! What Does It Mean?

1/20/2012

54 Comments

 
Picture
I remember before law school watching legal television shows or movies.  When an attorney would object at trial, the judge would rule, either "sustained," or "overruled."  I had to really concentrate and think it through to figure out what the ruling meant.  Now, it's second-nature to me.  

Here's a quick guide for those who aren't in court everyday:
Sustained:  When an objection is sustained, the judge has determined that is a valid objection.  That means the question was improper under the rules of evidence.  The witness may not answer the question.  (If the witness answers anyway, that answer may be "stricken.") 

An easy way to remember this is Sustained = Stop, as in the witness must stop and not answer the lawyer's prior question.

Overruled:  When an objection is overruled, the judge has determined the objection is invalid.  The question may stand.  The witness must then answer the question.

A shorthand way to remember this is Overruled = Ongoing, as in the witness may continue as if the objection never occurred.  Hope this helps!

For more information about some of the differences between the way things happen in fictionalized legal proceedings and in real life, get my free Writer's Guide:  Top 7 Mistakes Made By Writers of Mystery, Crime and Legal Drama.
54 Comments
Gatete claire
2/13/2013 09:45:50 pm

Wow this is awesome, I really wanted to be a lawyer but things turned out different, but sometimes its good to know these words . Thanks

Reply
Blythe
2/14/2013 06:43:10 am

Thanks! Hopefully things turned out for the better (than law) for you!

Reply
anjhul
3/20/2018 03:06:40 am

can u plzz explain me the difference between articles and
section in law study

Tara
7/12/2013 12:22:46 pm

This is a great explanation. Thanks!

Reply
Blythe
7/12/2013 11:17:05 pm

You're welcome. Glad you found it helpful!

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MissFemale.com link
7/18/2013 01:30:32 am

Best explaination than the top 10 dictionaries, i went through.

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Blythe
7/26/2013 04:11:43 am

Thanks, that's great to hear! Glad you found it useful.

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hi hi hi
11/19/2014 02:18:15 am

cool hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi hi

Lucas
8/2/2016 06:34:18 pm

Well explained

adrian
3/24/2015 12:17:47 am

you uglyyyyyy bruhhhhhh

Reply
vishal
9/29/2013 05:16:21 am

nice answer.thnx

Reply
Blythe
10/2/2013 01:46:49 am

You're welcome. Thanks for your comment.

Reply
ammp
10/4/2013 07:51:10 am

life saver

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Michelle
5/18/2014 07:18:14 am

Thank you! That helped tremendously. That is how I thought it went, but sometimes they go so fast I get confused.

Reply
Nabi
5/20/2014 08:24:10 pm

Thanks very useful.it's explained easy and clear

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Vinnie link
9/20/2022 10:53:55 am

The proper terms or in the legal sense, you made it easy, thanks Vinnie

Reply
Ida link
6/3/2014 03:14:55 pm

Thank you for all the useful information you've compiled. I appreciate all the tools you've provided to take a very daunting task and make it doable.

Reply
Blythe
6/8/2014 02:32:57 pm

Thank you all for the positive feedback. This can be a confusing subject. I'm glad I could help!

Reply
Makayla link
12/5/2015 07:18:05 pm

What does withdrawaln mean?

Reply
Samantha
7/30/2014 08:51:14 am

What dose it mean to let the question stand?

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Blythe
1/31/2015 05:37:02 am

When an objection is overruled, the question that was objected to is a good question and will remain in the record, and the witness is permitted to answer it. The judge will sometimes say that the question stands.

Reply
VANESSA
10/6/2014 09:45:56 am

What is means when it says:Order stained in child support?

Reply
vida alegre
10/17/2014 04:30:50 am

This is the best definition of overruled and sustained, about objection. And some ways not to be confused...thank you.

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Blythe
1/31/2015 05:38:10 am

Great to hear, thanks!

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Chirag chiggy
11/25/2014 02:20:28 am

Correct tnx

Reply
Victoria
12/18/2014 06:32:42 am

I am sitting here doing jury duty. Even though I have been a jury foreman twice, I still confuse the meaning of the two words. Thank you for a great mnemonic device!

Reply
annie
1/30/2015 03:23:54 am

love your explanation; very clear and helpful !

Reply
Riza
2/12/2015 10:33:53 pm

Thank you so much for the definition you provided, very helpful. Now, I can understand the show that I'm watching that involves court issues.

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Renee
2/26/2015 08:50:17 am

Thank you! :) This was very helpful, and I can't think of a better way to defined the two. I appreciate the information.

Reply
Jonnie
6/15/2015 08:46:33 am

Can you please add Pinterest pin button to your pages so I can save them there? That would be lovely of you! : )
please and thank you

Reply
Madi link
10/17/2015 03:42:35 pm

you use weebly don't you

Reply
mack
10/30/2015 10:30:29 am

thanks needed that for school

Reply
Anonymous
11/12/2015 07:29:37 pm

Doing a mock trial in school and trying out for the lawyer role. Loved the short cuts! Thanks so much for explaining it to me!

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Craig
1/5/2016 04:53:31 pm

Thank you so much I always thought that's what it meant but just wanted to make sure liking someone else above said they go so fast

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Ryan
6/18/2016 05:12:52 pm

This is an awful answer. You might want to consider finding another career.

Reply
Maggs
11/2/2016 06:43:14 pm

That is a great way to remember - I love Law & Order and was confused to say the least ....I am "clear" now - thanks so much

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SonnyB.
2/11/2017 08:24:57 am

You've made it very easy to remember thank you very much. Now I have a clear understanding...

Reply
Jacqueline Gholston link
5/19/2017 10:23:23 pm

It took me until now after reading your answers regarding the objection/sustain questions to really understand how and why they are used. Thanks

Reply
Prakash
9/11/2017 06:49:52 am

Normally I dont write comments, but this is a best explanation. Hope dictionary writers learn from you.

Thanks

Reply
Bismark Watts
9/27/2017 11:04:24 am

Brief but clear,i suggest that law lecturers borrrow your explanation

Reply
mark
9/30/2017 08:23:08 am

this helps!

Reply
divorce in ma link
11/21/2017 11:12:21 pm

This is really a nice and informative, containing all information and also has a great impact on the new technology. Thanks for sharing it

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attorneys link
1/24/2018 10:53:14 pm


Thanks for taking the time to discuss that, I feel strongly about this and so really like getting to know more on this kind of field. Do you mind updating your blog post with additional insight? It should be really useful for all of us.

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lemon law attorney los angeles link
3/4/2018 10:09:33 pm

Competence is the key to success. The best family law attorney will dedicate hours to learning their craft, acquiring knowledge about the intricate labyrinthine laws and in using these when needed to bring about a positive result in their client's favor.

Reply
Judy
1/20/2019 02:53:26 am

The best answer.
Throughly understand.
Than you.

Reply
Jose Hernandez link
5/28/2019 11:42:47 pm

This was a very good answer for my question that I was going to ask thanks again

Reply
Tim link
4/3/2020 02:59:41 pm

now i got clear the difference between sustained and over ruled

Reply
thiet ke noi that link
10/4/2020 07:59:51 pm

When an objection is sustained, the judge has determined that is a valid objection. That means the question was improper under the rules of evidence. The witness may not answer the question. (If the witness answers anyway, that answer may be "stricken.")

Reply
Lala J
2/2/2021 02:42:15 pm

This was super helpful!

Reply
Rosalinda Morgan link
3/21/2021 07:45:52 am

Thanks for the explanation. I'm currently writing a book with a court scene and I was not sure about the used of "sustained" and "overruled". Glad I checked it out and found the difference.

Reply
Meryl Carney
5/21/2022 06:43:01 pm

I'm having to represent myself in the district court as I refuse to plead guilty when I'm not and I can't afford legal representation. I'm 70 and I've been confused about Sustained and Overruled but now I will remember Stop and Ongoing. I'm extremely frightened but I'm trying to be brave. I have to question my DV violent ex husband and my estranged daughter who stole money from my Uncle. Wish me luck! Without my son who has protected me since 12 yrs I'd just kill myself.

Reply
b
5/23/2022 06:56:32 pm

dont kill yourself, I wish the best for you + W + get this dub + pvcL

Reply
Cherry
6/5/2022 07:28:19 pm

commenting is not my cup of tea. but at 50, i just knew it right now! thank you! thank you! thank you!....that's because of johnny depp and amber heard's case...

Reply
Red Deer Lawyers link
10/22/2022 07:42:03 am

Great explantion. I appreciate you posting the article.

Reply



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    Author

    Blythe Leszkay is a successful and experienced criminal attorney, criminal law professor, and consultant to writers and filmmakers.  See About Me.  This blog is intended to answer common criminal law questions, dispel misconceptions, and explain misunderstood criminal law concepts.  It is also a place to discuss any crime or law related topics of interest.  Contact me for a free initial consultation on your film or writing project.

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