Trial Practice
Presentation
A leading question suggests the desired answer within the question. Rule 611(c) prohibits leading on direct except as necessary to develop testimony, and permits it on cross-examination and with hostile or adverse witnesses.
Preliminary and undisputed matters may be led.
Alternative Names:
Leading, Suggestive Question
Why it Matters?
The exceptions matter as much as the rule, since leading is permitted for preliminary matters, undisputed background, witnesses with difficulty communicating, and adverse or hostile witnesses. Establishing a witness as adverse permits leading during what is nominally direct examination, which is the standard approach when calling an opposing party or its employee. Objections to leading on truly preliminary matters waste credibility.
Frequently Confused with
Related terms
Frequently asked questions
When is leading permitted on direct?
How is leading an opposing party accomplished?
