When can a witness be asked leading questions?

Ordinarily, the court should allow leading questions: (1) on cross-examination; and (2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party. Note that it’s fine to lead witnesses on cross examination if they are “hostile,” even though you called them.

Under what circumstances may a lawyer ask leading questions of a witness?

When a lawyer calls an adverse or hostile witness (a witness whose relationship to the lawyer’s client is such that his testimony is likely to be prejudicial) on direct examination, the lawyer can ask leading questions as on cross-examination.

Can attorneys ask leading questions?

Answer. On direct examination, lawyers generally can’t ask leading questions. A question is leading if it suggests the answer.

When can you use leading questions in a deposition?

Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, and adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.

Can you lead a witness during deposition?

On the flip side, as discussed in an earlier post, many attorneys are under the false impression that they can lead any witness on “cross-examination” in deposition. This is false. The attorney may get impatient and insist that they are permitted to lead the witness on “cross-exam,” but just keep objecting.

Are you allowed to ask leading questions in a deposition?

You should not ask only leading questions at a deposition. In some jurisdictions it may be considered improper as to form to ask leading questions at a deposition. That aside, leading questions are great for getting commitments but they do not serve the other purpose – getting discovery.

What is an example of a leading question in Court?

A leading question suggests a particular answer that the questioner desires – most often a simple ‘yes’ or ‘no’ answer. ∎ “Were you in Los Angeles last week?” ∎ You were in Los Angeles last week, weren’t you? ∎ You didn’t see the stop sign, did you?

What is leading the witness in law?

1) 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.