Leading Questions

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Leading questions of a witness are permitted on cross-examination in which the question infers or presumes a particular answer

At trial, lawyers have two ways of questioning a sworn witness. One is through direct examination, and the other is through cross-examination.

Direct Examination 

On direct examination, neither lawyer is permitted to ask the witness leading questions. Direct examination is designed to ask direct questions that call for direct answers.

Cross-Examination

Unlike direct, a leading question in cross-examination is allowed and is the questioning method of choice. 

Exception: When Leading Questions Are Allowed On Direct: On direct examination leading questions are allowed if the witness called by the examining attorney on direct is deemed to be an adverse and hostile witness. If the court agrees, the judge will allow leading questions to be asked of the witness.

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