Chapter 6 - § 6.13 • DIRECT EXAMINATION

• Jurisdiction: Colorado

§ 6.13 • DIRECT EXAMINATION

Colorado

➢ General; Leading Questions. "Leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony. Leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions." CRE 611(c).

➢ General; Trial Court Discretion. "[A] trial court is vested with substantial discretion in determining whether leading questions are permissible." People v. Gillis, 883 P.2d 554, 561 (Colo. App. 1994); Bruce Hughes, Inc. v. Ingels & Assocs., Inc., 653 P.2d 88, 90 (Colo. App. 1982). But see People v. Stewart, 2017 COA 99, ¶¶ 9-14 (prejudicial error to allow leading question on direct examination for purpose of refreshing recollection without writing, or for purposes of impeachment without proper foundation).

➢ Development of Testimony; Redirect. When the testimony of a witness on cross-examination was somewhat confusing and unclear, "the trial court did not abuse its discretion in allowing the prosecutor, upon redirect examination, to ask leading questions designed to develop and clarify the witness's testimony." Gillis, 883 P.2d at 561.

➢ Witness Identified with Adverse Party. CRE 611(c) enlarges the class of witnesses recognized as adverse, traditionally limited to key employees and managing agents who are identified with an adverse party and adverse parties. Bruce Hughes, 653 P.2d at 90.

➢ Adverse Party as Witness. The adverse party may call and examine as if under cross-examination any party or person for whose immediate benefit the action is prosecuted or defended, or the officers or managing agents of a corporation. C.R.S. § 13-90-116; Reiter v. Pollard, 75 Colo. 203, 206, 225 P. 222 (1924).

Federal

➢ General. FRE 611(c) is substantially the same as the state rule.

➢ General; Trial Court Discretion. District court has discretion to

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