Leading questions are questions asked in a court case which can evoke a specific response from the witness. Such questions cannot be asked of the plaintiffs or defendants own witnesses and are viewed as a breach of ethics and professionalism. Leading questions may be asked only of hostile witnesses and on cross-examination.
n. a question asked of a witness by an attorney during a trial or a deposition (questioning under oath outside of court), suggesting an answer or putting words in the mouth of the witness. Such a question is often objected to, usually with the simple objection of “leading.” A leading question is allowable only when directed to the opposing party to the lawsuit or to an “adverse witness” during cross-examination (the chance to question after direct testimony) on the basis that such a witness can readily deny the proposed wording. Typical improper leading question: “Didn’t the defendant appear to you to be going too fast in the limited visibility?” The proper question would be, “How fast do you estimate the defendant was going?” followed by “What was the visibility?” and “How far could you see?
In the simplest explanation, a leading question is a question that asserts the answer to the question. For example, the question, “You saw Susan, the defendant, leaving the scene, didn’t you?” is considered a leading question. Compare this question to an open-ended question such as, “What did you see?” This question allows the witness to answer, “I saw the defendant, Susan, leaving the scene.” Some questions are considered between leading and open-ended, such as, “Did you see Susan leaving the scene?” It allows the witness to testify either yes or no, but does not imply Susan was leaving the scene.
In the examination of witnesses, a ‘leading’ question is one that allows a witness simply confirm facts put to him by counsel. Leading questions are discouraged at certain stages of a trial because they can give listeners the misleading impression that certain things are agreed upon when they are in dispute. For example, it would be a leading question to ask: Did the driver stop his car after hitting you? if the question of whether the witness was hit by a car was still at issue. It would not be a leading question to ask, What happened after the car hit you? because it is clearer that we are still seeking witnesses’ views of events.
Leading questions are strongly discouraged during the examination in chief but may sometimes be permitted during cross-examination and re-examination. In addition, it is accepted that questions such as Are you Fred Bloggs of 13 Acacia Avenue, East Dogpatch?”—while technically leading questions—are allowed in the interests of expediency.
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This glossary post was last updated: 11th April 2024.
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