LEADING QUESTIONS

A questions asked of a witness by an attorney that suggests how the attorney would prefer the question to be answered. Leading questions are impermissible during direct examination of a witness, when an attorney must allow the witness called to establish testimony using his or her own words and recollections. Allowing an attorney to lead his own witness would suggest that the attorney is putting words into the defendant’s mouth. For example, it would be impermissible under direct examination for an attorney to ask Didn’t the defendant appear to be speeding on a cloudy day? Appropriate questions for the attorney to ask which would not lead the witness include: How fast did the defendant appear to be traveling? What were the weather conditions on the road at that time? Leading questions are allowed during cross examination by opposing counsel of an adverse witness or a hostile witness.