| Q: When a judge says "Objection Sustained," or | | | | brought by a prosecutor).A defendant is someone |
| "Objection Overruled" what does that mean?A: It | | | | who has been sued.Q: What is an examination |
| means that a lawyer has voiced an objection | | | | before trial?A: Although it sounds like a doctor's |
| about a question or about some evidence that | | | | exam, it's not. It's really a question and answer |
| the lawyer wants to introduce. When the judge | | | | session with all the lawyers present, usually in a |
| says "sustained" it means that the question is | | | | conference room at a lawyers office. This allows |
| improper, or that the evidence cannot be used.If | | | | both sides to question all the people involved in |
| you hear "Objection Overruled" it means that the | | | | the lawsuit to find out what they know, and what |
| lawyer can continue asking the question and get | | | | they remember about the events surrounding the |
| an answer, because the court has ruled that it's a | | | | lawsuit.An examination before trial, also known in |
| proper question, or that the evidence is proper | | | | shorthand as an EBT, is also called a deposition. |
| and can be admitted. The judge is overruling the | | | | These question and answer sessions are done |
| lawyer who objected to the offending question, | | | | well before trial. The testimony is preserved since |
| and permitting the question.Q: What is hearsay?A: | | | | there is a coufrt reporter present to record all |
| Hearsay is a word used to describe what | | | | the questions and answers, and this is put into a |
| somebody said to somebody else. It arises when | | | | booklet for all parties and lawyers to read.Q: What |
| a witness is on the stand, and is asked about a | | | | does it mean when a lawyer asks for summary |
| coversation he heard from someone else. "Mr. | | | | judgment?A: It means that the lawyer feels his |
| Jones told me that he spoke to Donald, and | | | | client's case should be decided immediately, |
| Donald said..." or "Mr. Jones told me that he didn't | | | | without any further testimony or evidence. It |
| have the photographs..."Well why is this important? | | | | means that the lawyer feels there is |
| Because the lawyers for either side do not have | | | | overwhelming evidence in that lawyer's favor to |
| the opportunity to question either Mr. Jones, or | | | | require the Court to short circuit the entire trial |
| Donald, since they are not witnesses, and are not | | | | and render a decision at that time.Attorney |
| in court. Thus, it's what someone has heard | | | | Oginski has been in practice for almost 18 years |
| someone else say, and now tries to repeat it in | | | | as a trial lawyer practicing exclusively in the State |
| Court.How do we know that the statement is | | | | of New York. Having his own law firm, he is able |
| reliable if we cannot cross-examine the person | | | | to provide the utmost in personalized, individualized |
| who made the statement? How can we search | | | | attention to each and every client. In our office, a |
| for the truth of the statement if that person isn't | | | | client is not a file number. Client's are always |
| in Court? We can't. Therefore that, in a general | | | | treated with the respect they deserve and |
| sense, is called hearsay.There are many | | | | expect from a professional. Mr. Oginski is always |
| exceptions in law that permit different types of | | | | aware of every aspect of a client's case from |
| hearsay to be spoken or discussed at trial, and | | | | start to finish.Gerry represents injured people in |
| this article will not touch on those exceptions.Q: | | | | injury cases and medical malpractice matters in |
| What is a plaintiff and a defendant?A: The real | | | | Brooklyn, Queens, New York City, the Bronx, |
| question is "Who is a plaintiff?" | | | | Staten Island, Nassau and Suffolk Counties. You |
| A plaintiff is the term used to describe a person | | | | can reach him at or 516-487-8207. All inquiries are |
| who brings a lawsuit (usually a civil suit, as | | | | free and totally confidential. |
| opposed to a criminal lawsuit which is usually | | | | |