In a legal context, “leading” refers to a type of questioning technique used during witness examination. Leading questions are those that suggest a specific answer or prompt the witness to respond in a particular way. They often contain information or assumptions and may be objectionable in certain situations, particularly during direct examination when the attorney is expected to ask open-ended questions to elicit the witness’s own recollection or understanding of events. However, leading questions are more commonly allowed during cross-examination, where the opposing attorney seeks to challenge or discredit the witness’s testimony.
- v. short for "leading the witness," in which the attorney during a trial or deposition asks questions in a form in which he/she puts words in the mouth of the witness or suggests the answer. Leading is improper if the attorney is questioning a witness called by that attorney and presumably friendly to the attorney's side of the case. Thus, the opposing attorney will object that a question is "leading," and if so the judge will sustain (uphold) the objection and prohibit the question in that form. However, leading questions are permissible in cross-examination of a witness called by the other party or if the witness is found to be hostile or adverse to the position of the attorney conducting the questioning.
- adj. referring to a question asked of a witness which suggests the answer.
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This glossary post was last updated: 29th March, 2024.
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