Legal Definitions - leading question

A leading question is a type of question posed to a witness that subtly or overtly suggests the desired answer. Instead of allowing the witness to provide information freely, the question itself guides them toward a specific response, often one that can be answered with a simple "yes" or "no."

In legal proceedings, leading questions are generally restricted during direct examination, which is when a lawyer questions their own witness. The purpose of direct examination is for the witness to tell their story in their own words, and leading questions can make it seem like the lawyer is putting words into the witness's mouth. However, leading questions are typically permitted during cross-examination, when a lawyer questions a witness called by the opposing side. This allows the cross-examining attorney to challenge the witness's testimony and test their credibility.

Beyond cross-examination, leading questions may also be allowed in specific circumstances, such as:

• When addressing preliminary or undisputed matters (e.g., confirming a witness's name or profession).
• When a witness is having difficulty recalling information or is particularly young or vulnerable.
• When questioning a witness who is deemed hostile or adverse to the questioning party.

Here are some examples to illustrate the concept of a leading question:

• Example 1: Improper Leading Question on Direct Examination

  Imagine a prosecutor is questioning their own witness, who claims to have seen a car accident. The prosecutor asks, "You saw the blue sedan run the red light and hit the minivan, didn't you?"

  Explanation: This is a leading question because it suggests multiple facts: the car's color (blue), its action (running a red light), and the outcome (hitting a minivan). A non-leading version would be, "What did you observe regarding the blue sedan at the intersection?" or "Please describe what happened at the intersection." The original question puts words into the witness's mouth, making it appear the lawyer is testifying rather than the witness.

• Example 2: Permitted Leading Question on Cross-Examination

  During a trial, a defense attorney is cross-examining a witness who previously testified that they were home all evening. The defense attorney asks, "Isn't it true, Mr. Johnson, that you were seen purchasing groceries at the supermarket at 9:00 PM on the night in question?"

  Explanation: This is a leading question because it suggests the witness was at the supermarket at a specific time. However, it is permissible because it's asked during cross-examination. The defense attorney is challenging the witness's prior testimony and attempting to elicit a "yes" or "no" answer to undermine their credibility or establish a contradictory fact.

• Example 3: Permitted Leading Question for Preliminary Matters

  A lawyer begins questioning a medical expert by asking, "Dr. Lee, you are a board-certified cardiologist with over 20 years of experience, correct?"

  Explanation: This is a leading question as it clearly suggests the answer is "yes." However, it is allowed because it pertains to preliminary, undisputed background information about the witness's qualifications. It efficiently establishes foundational facts without wasting court time on matters that are not in dispute.