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What is the term for the legal objection when the witness is answering a question that has not been asked?
Wiki User
∙ 14y ago
The witnesses answer is NOT RESPONSIVE to the question.
Wiki User
∙ 14y ago
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As to form, think of it as "how" is the question asked. As to substance, think of it as "what" information is the question seeking. Some questions are asked in a manner that is not allowed in court, such as "leading questions." The question might be seeking legitimate testimony, but just not legitimately phrased under the rules of evidence. The objection will be as to the form of the question. Some questions seek testimony that does not have to be given, such as priveledged information. That kind of question might be legitimately phrased but seeking testimony that according to evidence rules the witness does not have to provide. That objection will be as to the substance of the question.
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Sustain is a term that is subject to several definitions.In the context of trial practice, it refers to a judge agreeing that an attorney's objection is valid.(e.g.: If an attorney asks a witness a question, and the opposing lawyer objects, saying the question is legally "improper" or some other objection, if the judge sustains the objection, the question cannot be answered nor asked again.)In the context of appellate practice, an appelate court sustains a lower court judgment, if it leaves it intact, rather than overrules it.
