Define: Leading The Witness

“Leading the witness” is a legal term used to describe the improper questioning of a witness during a trial or hearing. It refers to a situation where the attorney asking the questions suggests or prompts the witness to provide a specific answer or leads them to respond in a particular way. This can occur through asking leading questions, which typically start with phrases like “Isn’t it true that…” or “Didn’t you…” These questions are problematic because they may suggest the desired answer to the witness, potentially influencing their testimony and undermining the fairness and impartiality of the legal process. Leading the witness is generally not allowed under the rules of evidence, as it can compromise the integrity of witness testimony and may be objected to by opposing counsel. Instead, attorneys are expected to ask open-ended questions that allow witnesses to provide their own account of events without undue influence.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.