Also known as: leading questions · suggestive question
Written by attorneys · grounded in primary & secondary sources — see below
A question that suggests the answer desired by the examiner. Leading questions are generally prohibited on direct examination except when necessary to develop the witness's testimony, such as with a confused, nervous, or forgetful witness or when the witness is hostile or identified with an adverse party.
Logan Lane sues his former employer Lakeshore Industries for wrongful termination. Lane calls a former dispatcher who now works elsewhere but remains openly aligned with the company. Lane's counsel asks a series of pointed questions that suggest the desired answers about overtime violations. The court overrules the company's objection because the witness is identified with an adverse party.
In a criminal prosecution, defense counsel cross-examines a key government witness about prior inconsistent statements. Counsel frames each inquiry to suggest the desired contradiction. The court permits the leading form because the examination occurs on cross-examination of an adverse witness.
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Layla Lane represents a client in a products liability suit against Lakewood Manufacturing. During the deposition of the company's safety officer, Lane asks whether the defendant ignored known design defects. The officer's counsel objects to the leading form. The examiner may continue because the witness is an adverse party.
The prosecution calls a young victim in a sexual assault case. The child witness becomes visibly anxious and struggles to recount events in narrative form. The prosecutor asks focused questions that suggest the sequence of events. The court allows the leading questions to develop the testimony of the frightened witness.
Lance Lee is tried for murder. The state calls an alleged accomplice who recants an earlier statement implicating Lee. Defense counsel seeks to treat the witness as hostile and asks leading questions about the prior statement. The trial court permits the leading form on cross-examination to test credibility.
Lucia Lopez is charged with assault. After hypnosis to refresh memory, she testifies on direct about the incident. The prosecutor objects when defense counsel uses leading questions to elicit details from the hypnotically refreshed recollection. The court sustains the objection because the witness is not shown to be hostile or confused.
Leading questions are generally prohibited on direct examination. They are permitted when necessary to develop the witness's testimony, such as when the witness is confused, nervous, forgetful, or when the witness is hostile or identified with an adverse party.
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A leading question suggests the answer desired by the examiner and can often be answered with a simple yes or no. Non-leading questions allow the witness to supply the facts in narrative form without suggestion.
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Cross-examination tests an adverse witness's account. Leading questions enable the examiner to control the inquiry, challenge credibility, and highlight inconsistencies without allowing the witness to volunteer favorable narrative.
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Current or recent employment with the adverse party typically supports treating the witness as identified with that party. Former employment alone may not suffice if the witness no longer has any alignment or loyalty to the adverse side.
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Age alone does not automatically justify leading questions. The court may permit them when the witness's age contributes to confusion, nervousness, or difficulty testifying, but the touchstone remains necessity to develop the testimony.
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…had been told that whether she would be released "depend[ed] on how the investigation continues." App. 81. In response to often leading questions from police detectives, she implicated her husband in Lee's stabbing and at least arguably undermined his self-defense claim. Despite all this, the trial court admitted her statement,…