WITNESS EXAMINATIONS
Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party. In such cases interrogation may be by leading questions. There is no precise definition of what constitutes a leading question. a question is leading if it suggests that particular words, phrases, or ideas constitute the correct answer. Leading questions usurp the witness's power to choose his or her own words and explanations. They are usually answerable by a simple yes or no, and often contain the phrase, isn't it true that . . . .
The following examples may help:
1)LEADING:
The man you saw that night is this man right here in the purple shirt, isn't it?
NOT LEADING:
Do you see the man you saw that night in the courtroom?
2)LEADING:
Did you go to school with the man that murdered John Lewis?
NOT LEADING:
Do you know the man accused of murdering John Lewis?
3)LEADING:
Isn't it true that the traffic light had just turned green?
STILL LEADING:
Had the light just turned red?
NOT LEADING:
What color was the light?
Even if a question is leading, that does not mean a judge will sustain an objection. The judge has discretion to allow leading questions if he or she thinks they will be effective in developing complete testimony. In general, leading questions are permitted in the following situations:
During cross examination.
When a witness displays hostility or evasiveness. During the direct examination of the adverse party or other witnesses closely aligned with the adverse party. When covering preliminary matters, such as a witness's background and the events leading up to the event in dispute. For laying evidentiary foundations. When asking about matters not in dispute. To direct a witness's attention to a time, place, or event. When examining witnesses who have difficulty giving testimony (e.g., y
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