Sustained vs. Overruled

Overruled

In the law of the United States of America, an objection is a formal protest raised in court during a trial to disallow a witness’s testimony or other evidence which would be in violation of the rules of evidence or other procedural law. An objection is typically raised after the opposing party asks a question of the witness, but before the witness can answer, or when the opposing party is about to enter something into evidence. The judge then makes a ruling on whether the objection is “sustained” (the judge agrees with the objection and disallows the question, testimony, or evidence) or “overruled” (the judge disagrees with the objection and allows the question, testimony, or evidence). An attorney may choose to “rephrase” a question that has been objected to, so long as the judge permits it. Lawyers should make an objection before there is an answer to the question.