Sustain

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Sustain

To carry on; to maintain. To affirm, uphold or approve, as when an appellate court sustains the decision of a lower court. To grant, as when a judge sustains an objection to testimony or evidence, he or she agrees with the objection and gives it effect.

sustain

v. in trial practice, for a judge to agree that a question asked of a witness is objectionable. Thus, an attorney asks the witness a question, and the opposing lawyer objects, saying the question is "irrelevant, immaterial and incompetent," "leading," "argumentative," or some other objection. If the judge agrees he/she will rule "sustained," meaning the objection is sustained (approved) and the question cannot be asked or answered. However, if the judge finds the question proper, he/she will "over-rule" the objection.