Legal Definitions - leading the witness

Definition: Leading the witness is when an attorney asks a question during a trial or deposition that suggests the answer or puts words in the mouth of the witness. This is considered improper questioning of a witness called by that attorney, but it is allowed in cross-examination or if a witness is declared by the judge to be a hostile or adverse witness.

Improper: "Isn't it true that you saw the defendant steal the money?"

Proper: "What did you see the defendant do with the money?"

In the first example, the attorney is leading the witness by suggesting that the defendant stole the money. This is improper because it is the witness's job to provide their own testimony, not to agree with the attorney's suggestion. In the second example, the attorney is asking an open-ended question that allows the witness to provide their own testimony without being influenced by the attorney's suggestion.

Another example of leading the witness is when an attorney asks a question that includes the answer they want to hear. For example:

Improper: "You saw the defendant with the gun, right?"

Proper: "Did you see the defendant with any weapons?"

In the first example, the attorney is leading the witness by including the answer they want to hear (that the witness saw the defendant with a gun). This is improper because it is the witness's job to provide their own testimony, not to agree with the attorney's suggestion. In the second example, the attorney is asking an open-ended question that allows the witness to provide their own testimony without being influenced by the attorney's suggestion.