What Does It Mean to Sustain in Court

The judge will decide whether or not to agree with the objection and, to do so, he will answer either „rejected“ or „upheld“. These two answers indicate whether or not the judge agrees with the objection, and that is the decisive factor. If the judge answers „permanently“, it means that he agrees with the objection and that the questions asked must be stopped. The person asking the questions should move on to other questions they have prepared. You`ll hear many terms you may not understand in a courtroom, but it can be very helpful to know what`s going on around you, especially if you`re the defendant in question. The opposing party is able to test the evidence presented by the witness in order to expose the weaknesses of his story if possible. It would undermine the story they told and that`s what they hope to achieve. v. In procedural practice, a judge must agree that a lawyer`s objection, for example to a question, is valid. Thus, a lawyer asks a question to a witness, and the opposing lawyer disagrees, saying that the question is „irrelevant, intangible and incompetent“, „suggestive“, „argumentative“ or some other objection. If the judge agrees, he or she will decide „uphold,“ which means that the objection is approved and the question cannot be asked or answered. However, if the judge finds that the question is correct, he will „dismiss“ the objection.

Continue; to be maintained. Confirm, confirm or authorize, as if an appellate court were upholding the decision of a lower court. Grant, as if a judge were upholding an objection to the statements or evidence of witnesses, agrees with the objection and gives effect to it. This includes checking the reliability of the witness and whether the evidence presented by the witness is credible enough to be presented in court. This means that the question is appropriate and the witness must answer it. If he disagrees with the lawyer raising the objection, he will say, „The objection is rejected!“ After modern American courts began using court reporters to produce accurate, complete, and verbatim written accounts of their trials, lawyers and judges realized that exceptions were unnecessary because the objection itself and the context of surrounding records are all the appellate court really needs to resolve a contentious issue. Beginning in the 1930s, exceptions were abolished in federal courts[3] as well as in many state courts. For example, California did not technically abolish exceptions, but simply made them redundant by simply treating almost all trial court decisions as automatically exempt.

[4] Thus, in almost all U.S. courts, it is now sufficient that the objection has been clearly recorded. [ref. needed] In court, the witness has the opportunity to give his version of the facts and explain what he witnessed. It`s especially important to know the meaning of these words when it comes to your own trial case so you can track what`s going on around you and what`s being said. A quick answer to the question „What does it mean when the judge says it`s sustainable?“ is that it means the judge agrees with every objection raised in the courtroom. A lawyer may also appeal a judge`s decision in order to preserve the right to appeal against the judgment. In some circumstances, a court may need to hold some sort of pre-trial conference and make evidentiary decisions to clarify important issues such as personal competence or impose sanctions for extreme misconduct by parties or lawyers.

As at the main hearing, a party or its counsel usually raises objections to the evidence presented at the hearing in order to ask the court to disregard inadmissible evidence or arguments and to maintain these claims as the basis for interim or final appeals against such decisions. In any case, when a trial takes place, there will be two parties, namely the defence and the prosecution. While one party is questioning a witness in court, the other party may intervene if they believe that the questions asked are not relevant, argumentative, repetitive or speculative. Under U.S. law, an objection is a formal protest made during a court trial to refuse to testify a witness or other evidence in violation of the Rules of Evidence or other procedural laws. An objection is usually raised after the opposing party has asked the witness a question, but before the witness can respond, or when the opposing party is about to submit something as evidence. The judge then decides whether the objection is „upheld“ (the judge agrees with the objection and rejects the question, testimony, or evidence) or „quashed“ (the judge disagrees with the objection and admits the question, testimony, or evidence). A lawyer may choose to „rephrase“ a disputed question as long as the judge authorizes it. Lawyers should object before there is an answer to the question. If the judge answers „cancelled“, it means that he or she has rejected the appeal decision and that the questioning can continue. You can also ask the respondent to answer, and the person asking the question may be asked to ask the question again.

This includes defining words like „sustainable,“ which you may hear several times during the session, and now you can understand what that means. In the context of appellate practice, if a court upholds a judgment of a lower court, it leaves it intact instead of setting it aside. The Court of Appeal may confirm, reverse, refer to the Court of First Instance or partially reverse and confirm the original judgment. A continuing objection is an objection raised by counsel to a series of questions on a related point. A continuous objection may be raised at the discretion of the court to reserve a subject of appeal without distracting the investigator (whether jurors or judges) with an objection to each question.