ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Trials

How does a judge rule on objections?

One of your lawyer's duties is to make an appropriate objection to any violation of the rules of evidence by the opposing party, such as to leading questions, questions that call for an opinion or conclusion by a witness, or questions that require an answer based on hearsay.

Most courts require that a specific legal reason be stated for an objection. Usually, the judge will immediately either sustain or overrule the objection. If the objection is sustained, the lawyer must rephrase the question in a proper form or ask another question. If the witness has already given an answer, it is not in evidence and the jury will be instructed by the judge to disregard it. If the objection is overruled, the witness can answer the question, and the answer is in evidence and may be considered by the jury.

Even if the court overrules your lawyer's objection, the objection will appear in the written record of your trial and can be raised again on appeal if you should lose at trial. In many instances, a failure to object at trial means that you waive (give up) your right to complain about the matter later.

Judges have to rule on objections, but that doesn't mean they are not still neutral. One of the federal courts, in its handbook for jurors, points out that "a ruling by the judge does not indicate that the judge is taking sides. He or she is merely saying, in effect, that the law does, or else does not, permit that question to be asked."