We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
A leading question is a type of question that suggests a specific answer or contains the answer within the question itself. It is commonly used by attorneys during trials or depositions to guide witnesses. Such questions can influence the testimony given, making them a point of contention in legal proceedings. Leading questions are typically not allowed when questioning a party's own witness but are permissible when questioning a witness from the opposing side or a witness deemed hostile during cross-examination.
Table of content
Legal Use & context
Leading questions are primarily used in various legal contexts, including:
Civil trials
Criminal trials
Depositions
In these situations, attorneys may use leading questions to clarify or emphasize specific points. Users can manage their legal documentation related to these proceedings using templates from US Legal Forms, which are drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An attorney might ask a witness, "Isn't it true that you saw the defendant at the scene?" This is a leading question because it suggests the answer is "yes."
Example 2: A more appropriate question would be, "What did you see at the scene?" (hypothetical example).
State-by-state differences
Examples of state differences (not exhaustive):
State
Leading Question Rules
California
Leading questions are generally allowed during cross-examination.
New York
Leading questions may be used in certain circumstances but are restricted in direct examination.
Texas
Leading questions are permitted during cross-examination and when questioning hostile witnesses.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Leading Question
A question that suggests its own answer.
Used to guide witness testimony.
Open-Ended Question
A question that allows for a free-form response.
Encourages detailed answers without suggesting a specific response.
Compound Question
A question that combines multiple inquiries.
Can confuse the witness and is often objectionable.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where leading questions may be involved, consider the following steps:
Understand the context of the questioning.
Consult with a legal professional if you are unsure about the appropriateness of a question.
Utilize US Legal Forms to access templates for legal documents related to your case.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.