Objection Sustained or Objection Overruled! What Does It Mean?

1/20/2012

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.

92 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

Blythe

2/14/2013 06:43:10 am

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

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!

Blythe

7/12/2013 11:17:05 pm

You're welcome. Glad you found it helpful!

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7/18/2013 01:30:32 am

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

Blythe

7/26/2013 04:11:43 am

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

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Lucas

8/2/2016 06:34:18 pm

Well explained

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3/24/2015 12:17:47 am

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vishal

9/29/2013 05:16:21 am

nice answer.thnx

Blythe

10/2/2013 01:46:49 am

You're welcome. Thanks for your comment.

ammp

10/4/2013 07:51:10 am

life saver

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.

Nabi

5/20/2014 08:24:10 pm

Thanks very useful.it's explained easy and clear

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9/20/2022 10:53:55 am

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

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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.

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!

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12/5/2015 07:18:05 pm

What does withdrawaln mean?

Samantha

7/30/2014 08:51:14 am

What dose it mean to let the question stand?

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.

VANESSA

10/6/2014 09:45:56 am

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

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.

Blythe

1/31/2015 05:38:10 am

Great to hear, thanks!

Chirag chiggy

11/25/2014 02:20:28 am

Correct tnx

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!

annie

1/30/2015 03:23:54 am

love your explanation; very clear and helpful !

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.

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.

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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! : )
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10/17/2015 03:42:35 pm

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mack

10/30/2015 10:30:29 am

thanks needed that for school

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!

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

Ryan

6/18/2016 05:12:52 pm

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

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

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...

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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

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

Bismark Watts

9/27/2017 11:04:24 am

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

mark

9/30/2017 08:23:08 am

this helps!

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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.")

Lala J

2/2/2021 02:42:15 pm

This was super helpful!

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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.

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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.

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12/5/2024 04:02:20 am

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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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