Which statement best describes the rules on leading questions during examination?

Which statement best describes the rules on leading questions during examination?

• A. Leading questions are not to be used on direct examination, but are allowed on cross-examination; a party may use leading questions on the direct examination of a hostile witness.
• B. Leading questions are permitted on direct examination.
• C. Leading questions are never allowed.
• D. Leading questions are required on all witnesses.

Answer: (A)

Leading questions steer the witness toward a specific answer, so on direct examination you generally avoid them to let the witness tell their story in their own words. They’re allowed on cross-examination to test the testimony. The important exception is that a party may use leading questions on the direct examination of a hostile (adverse) witness, since that witness is not cooperative. This combination—no leading questions on standard direct examination, yes on cross-examination, with the exception for a hostile witness on direct—best captures how the rules work.

Leading questions steer the witness toward a specific answer, so on direct examination you generally avoid them to let the witness tell their story in their own words. They’re allowed on cross-examination to test the testimony. The important exception is that a party may use leading questions on the direct examination of a hostile (adverse) witness, since that witness is not cooperative. This combination—no leading questions on standard direct examination, yes on cross-examination, with the exception for a hostile witness on direct—best captures how the rules work.