Legal Definitions - leading

Definition:

1. Verb: Short for "leading the witness." It refers to the act of an attorney during a trial or deposition asking questions in a way that puts words in the mouth of the witness or suggests the answer. This is considered improper if the attorney is questioning a witness called by that attorney and presumably friendly to the attorney's side of the case. If the opposing attorney objects that a question is "leading," the judge will 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.
2. Adjective: Referring to a question asked of a witness that suggests the answer.

Examples:

• Verb: The defense attorney asked the witness, "Isn't it true that you saw my client at the scene of the crime?" This is an example of a leading question because it suggests the answer and puts words in the mouth of the witness.
• Adjective: The prosecutor asked a leading question when he said, "You saw the defendant with the murder weapon, didn't you?" This question suggests the answer and is therefore leading.

These examples illustrate how leading questions can be improper and can influence the witness to give a certain answer. It is important for attorneys to avoid leading questions when questioning their own witnesses and to only use them in certain circumstances during cross-examination or with hostile witnesses.