Legal Definitions - leading question

A leading question is a type of question that suggests the answer to the person being asked. This type of question is not allowed during direct examination in court, but it is allowed during cross-examination. According to Rule 611(c) of the Federal Rules of Evidence, leading questions are appropriate in certain situations, such as when dealing with preliminary matters, when there is difficulty eliciting testimony from a witness, and when a hostile or adverse witness is being questioned.

• Leading question: "You saw the defendant steal the money, didn't you?"
• Non-leading question: "What did you see the defendant do with the money?"

The first example is a leading question because it suggests that the defendant stole the money. The second example is a non-leading question because it does not suggest an answer and allows the witness to provide their own testimony.

Another example of a leading question could be: "You were at the scene of the crime, right?" This question suggests that the person being asked was present at the crime scene, which may not be true. A non-leading question would be: "Can you tell us where you were at the time of the crime?" This question allows the witness to provide their own testimony without being influenced by the question.