{"id":368992,"date":"2016-04-04T10:47:05","date_gmt":"2016-04-04T15:47:05","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/litigation\/going-to-court\/how-does-a-judge-rule-on-objections.html"},"modified":"2024-05-06T18:19:20","modified_gmt":"2024-05-06T23:19:20","slug":"how-does-a-judge-rule-on-objections","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/litigation\/going-to-court\/how-does-a-judge-rule-on-objections.html","title":{"rendered":"How Does a Judge Rule on Objections?"},"content":{"rendered":"\n
\n \n
\n

How Does a Judge Rule on Objections?<\/h1>\n
\n
\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In any TV show or movie featuring a trial, a dramatic scene has the attorney leaping up and shouting, "Objection!" After a dramatic pause, the judge growls, "Sustained!" or "Overruled!" But what is the purpose of an objection? And how does a judge decide whether to sustain or overrule it?<\/p>\r\n

A lawyer’s objection lets the judge know that the other attorney may have violated a rule of evidence or procedure. Trial objections and the judge’s ruling determine whether a jury can consider these violations or if they are stricken from the record.<\/p>\r\n

Attorneys must present all types of evidence, including witness testimony and physical evidence, according to strict rules.<\/p>\r\n

What Are the Rules of Evidence?<\/h2>\r\n

The rules of evidence<\/a> determine what attorneys may present in court. Federal courts use the Federal Rules of Evidence<\/a> (FRE), but state courts base their own evidence rules on the FRE. There are rules for both civil and criminal courts.<\/p>\r\n

The FRE’s basic rule is that evidence must be relevant. Not every piece of evidence in a case is relevant. Relevant evidence:<\/p>\r\n

    \r\n
  1. Tends to prove or disprove a fact or make a fact more or less probable than if the evidence was not admitted; and<\/li>\r\n
  2. The fact is of consequence in determining the case<\/li>\r\n<\/ol>\r\n

    Suppose evidence from a criminal case consists of a knife with blood on it and a bag of peanuts. If the victim died of stab wounds, the knife is relevant. But if a suspect has a peanut allergy and the peanuts tend to exonerate that suspect, the peanuts are also relevant.<\/p>\r\n

    Judges will allow relevant evidence and prohibit irrelevant evidence, such as:<\/p>\r\n