A leading question in court is a type of questioning in which the form of the question suggests the answer. Generally, leading questions are not allowed during the direct examination of a witness, as they can influence or direct the evidence presented. If leading questions are asked during trial, it may result in the opposing attorney making an objection, which a judge is likely to sustain. However, leading questions are allowed on the cross-examination of a witness, when dealing with preliminary matters, when there is difficulty eliciting testimony from a witness, and when a hostile or adverse witness is being questioned.
The Federal Rules of Evidence, specifically Rule 611(c), lists the situations in which leading questions are appropriate, providing guidance on their usage during trial proceedings. It is important to note that the definition of a leading question is not explicitly provided in the rule, but courts in most jurisdictions use the definition from Black’s Law Dictionary, which defines a leading question as a question that suggests the answer to the person being interrogated, especially a question that may be answered by a mere yes or no.
In summary, a leading question is one that guides a witness to a specific response by suggesting the answer or substituting the words of the questioning. While they are generally not allowed during direct examination, there are specific circumstances where leading questions are permitted, such as on cross-examination and when dealing with certain types of witnesses.
