When may an attorney use leading questions during direct and cross-examination?
Any tips on direct and cross-examination?
During direct examination, an attorney usually will not be permitted to ask leading questions, which are questions that lead the witness to a particular desired response. Leading questions discourage witnesses from telling their stories in their own words.
When an attorney is dealing with hostile witnesses (uncooperative witnesses or those who are testifying on behalf of the other party), however, he is normally permitted to ask leading questions. This is because hostile witnesses may be uncommunicative and unwilling to describe the events they witnessed. Therefore, to elicit information from this witness, the attorney would be permitted to use leading questions, which would force the witness to respond to the question at issue.
An attorney typically uses leading questions during cross-examination (since the witness is hostile).
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