Do judges really say “sustained” and “overruled” in courtrooms in the United States when lawyers object?
Yes. They do. Sometimes, instead of simply saying “sustained” the judge will provide an explanation or will say something other than “sustained.” For example, in a recent hearing in an unlawful detainer action, I said: “Objection, calls for speculation.” The commissioner said, “Agreed. Counselor, I’m assuming your witness is not an expert?” The answer was no – so my objection controlled. If the objection is a no brainer: For example, the opposing lawyer asks: “So what did the police officer say to you?” Of course, I jump up and say: “Objection. Hearsay.” I would expect the judge to say “sustained” while frowning at the other attorney for asking the question. I also can’t remember ever hearing a judge simply say “overruled” without offering an explanation for the decision – unless there has been a series of the same objection and it’s just not necessary for the judge to clarify the reason for over ruling the objection.
