Legal Question in Criminal Law in New York

sustained/overruled

In a court case, what exactly does it mean when an objection is raised, and the judge says ''sustained'' or ''overruled?'' Doesn't sustained mean that the judge agrees with the questioning attorney, and that he may continue with his line of questioning?

Asked on 10/29/08, 10:16 pm

2 Answers from Attorneys

Robert Reuland Law Offices of Robert C. Reuland, P.C.
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Re: sustained/overruled

The opposite.

"Sustained" means the objection to the question is correct, and the examiner must not ask that question or rephrase it.

The judge will "overrule" the objection if it is not valid, and the line of questioning may continue.

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10/29/08, 10:26 pm
Savyon Grant Law Office of Savy Grant
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Re: sustained/overruled

It means he agrees with the attorney that objected.

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10/30/08, 11:04 am

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