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Federal Evidence • Examination of Witness
EVID#005
Legal Definition
A leading question suggests the answer in the question, and is generally improper on direct examination, but permitted: (1) on cross-examination to elicit preliminary or introductory matter, (2) where a witness is hostile, (3) where a witness needs aid because of memory loss, or (4) due to witness immaturity or weakness.
Plain English Explanation
When a lawyer asks a person a question in court, they shouldn't make the question sound like it already has the answer in it. This is called a "leading question" and it's not allowed when the lawyer is trying to get information from the person they're questioning for the first time (direct examination). However, there are some exceptions, when a lawyer is allowed to ask leading questions:
When the person being questioned...
(1) Is on the opposite side and the lawyer is trying to catch them in a lie (cross-examination)
(2) Is not friendly to the lawyer (hostile)
(3) Can't remember what happened (memory loss)
(4) Is very young or not able to understand the question well (immaturity or weakness)
When the person being questioned...
(1) Is on the opposite side and the lawyer is trying to catch them in a lie (cross-examination)
(2) Is not friendly to the lawyer (hostile)
(3) Can't remember what happened (memory loss)
(4) Is very young or not able to understand the question well (immaturity or weakness)
Hypothetical
Hypo 1: Bob is accused of breaking a window. Sam is a witness who saw Bob breaking the window. During the direct examination, the lawyer for the prosecution asks Sam "Did you see Bob break the window?" Result: This question is a leading question as it suggests the answer in the question, and it is generally improper on direct examination.
Hypo 2: Same facts as above, however, during the cross-examination, the defense lawyer asks Sam "You had a grudge against Bob, didn't you?" Result: This is an example of a leading question and it's allowed, because it's during the cross examination and the lawyer is trying to elicit information that the witness may not have volunteered.
Hypo 2: Same facts as above, however, during the cross-examination, the defense lawyer asks Sam "You had a grudge against Bob, didn't you?" Result: This is an example of a leading question and it's allowed, because it's during the cross examination and the lawyer is trying to elicit information that the witness may not have volunteered.
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