Also known as: leadings · leading question
Written by attorneys · grounded in primary & secondary sources — see below
A question that suggests to the witness the answer desired by the questioner. Such questions are generally prohibited on direct examination except when necessary to develop the witness's testimony. They are ordinarily permitted on cross-examination and when the witness is hostile or identified with an adverse party.
In a contract dispute, attorney Liam Larson asks his client on direct examination whether the defendant signed the agreement on March 5. Opposing counsel objects that the question is leading. The court sustains the objection because leading questions are not permitted on direct examination unless necessary to develop the testimony.
Lorenzo Lugo, a buyer, deals in good faith with a personal representative who sells estate property. When a leading question arises during later testimony about the transaction, the court allows it on cross because the witness is identified with an adverse party.
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Logan Lane, an attorney, miscalculates a filing deadline and loses a client's claim. In the ensuing bar proceeding, counsel asks a leading question on cross-examination of an expert about the distinction between malpractice and unfitness. The court permits the question because the witness is hostile.
Lars Lindstrom challenges a no-knock warrant execution. On direct examination of the officer, the prosecutor avoids leading questions about the reasonable suspicion determination. The court requires non-leading form to develop the testimony without suggestion.
Leonard Lowe litigates a diversity case involving state tort rules. During direct examination, counsel refrains from leading questions to elicit the witness's independent recollection of events. The court enforces the prohibition to ensure the testimony develops without suggestion.
Layla Lane testifies in a constitutional challenge. On cross-examination, opposing counsel uses leading questions to test her account of the state's enforcement practices. The court allows the questions because they occur on cross-examination.
Leading questions are permitted on direct examination when necessary to develop the witness's testimony, such as with children, timid witnesses, or to establish preliminary matters. The court exercises discretion to avoid undue suggestion while allowing the witness to convey information.
On direct examination the witness is typically friendly to the examiner and may acquiesce in suggestions planted by the question. On cross-examination the witness is usually adverse, so leading questions help test credibility and expose inaccuracies without the same risk of improper influence.
Yes. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, the court ordinarily permits leading questions on direct examination because the danger of suggestion is reduced.
…and not "My Country, 'Tis of Thee." Although nine students were expelled by the State Board of Education, this was not for leading the demonstration at the Capitol, but for demanding service at a lunch counter in the Montgomery County Courthouse on another day. Not the entire student body, but most of it, had protested…