Leading Question
A question that suggests its own answer, generally barred on direct examination but permitted on cross-examination.
A leading question is phrased so that it prompts a particular answer, often one that can be answered simply yes or no while embedding the desired fact in the question itself. On direct examination, leading questions are generally disallowed because the concern is that a party's own witness could simply agree with counsel's version of events rather than testify from independent memory.
On cross-examination, leading questions are not just allowed but expected, since the assumption is that a hostile or adverse witness needs to be controlled and tested rather than invited to narrate freely. Exceptions to the direct-examination bar exist for preliminary or undisputed matters, for a witness who is very young, elderly, or has difficulty communicating, and for a witness who is declared hostile even though technically called by the examining party.
This distinction shows up in Juricratic's own deposition and testimony tooling only as a framing convention for how a case narrative is built — the platform does not conduct examinations — but the underlying legal principle, that the form of a question shapes how reliable the resulting answer is, informs how witness statements are weighted differently depending on how they were elicited.
How it actually shows up
Trial counsel drafts direct examination in open, non-leading form to preserve the appearance of unprompted witness testimony, while preparing pointed leading questions for cross-examination to control an adverse witness's answers. Recognizing when leading is permissible — preliminary matters, hostile witnesses, certain vulnerable witnesses — avoids losing time to sustained objections during direct examination.
- What is a leading question?
- A question phrased to suggest its own answer, such as one that can be answered with a simple yes or no while embedding the fact counsel wants established.
- Are leading questions allowed on direct examination?
- Generally no, except for preliminary matters, certain vulnerable witnesses, or a witness declared hostile, where courts often permit them.
- Why are leading questions allowed on cross-examination?
- Because the witness is presumed adverse to the examining party, so the concern about coaching the witness toward a desired answer does not apply the same way it does on direct examination.
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