Here in New York.
The defense's medical expert is on the witness stand being cross examined.
The defense refuses to acknowledge that the doctor they represent did anything wrong.
They argue that the doctor's action did not cause or contribute to your injury.
During the course of my cross-examination, there will be instances where the defense attorney will jump up out of his seat and yell out “OBJECTION!”
Once he makes an objection, he must tell the judge concisely why he is objecting.
Is he objecting to the way I asked my question?
Is he objecting to the topic I'm asking about?
Is he objecting because the judge has already made a previous ruling and said I cannot ask such a question?
The judge then has to immediately evaluate whether or not the attorney is arguing is correct.
If the judge agrees with the defense lawyer's objection, he will tell me that the objection is sustained.
That means I should not be asking that question.
It also means the witness it not to answer my improper question.
What happens though if the witness has immediately answered my question before waiting for the judge's ruling?
If the jury hears the answer and the judge decides they never should have heard the question or answer the question, what happens next?