Section 10.3 Form of Questions on Cross-Examination

• Library: Civil Trial Practice 2015 Supp

B. (§10.3) Form of Questions on Cross-Examination

In contrast to direct examination, cross-examination may be conducted with leading questions, and generally should be. Leading questions suggest the answer desired by the examiner, Charles T. McCormick, McCormick on Evidence § 6 (John W. Strong gen. ed., 5^th ed. 2000), and thus aid the cross-examiner in controlling an adverse witness.

Questions that begin with “isn’t it true?” or “did he not?” are obviously leading. But any question that would give the impression that the questioner desired one answer rather than another is leading. Id. For example, in McLean v. Thorp, 3 Mo. 215 (1833), a “state whether or not” type of question was held leading and suggestive. The Court concluded that putting a question in the alternative led as directly to the answer desired as a question commencing “did he not.” See also Massman v. Muehlebach, 95 S.W.2d 808 (Mo. App. W.D. 1936); Harper v. W. Union Tel. Co., 92 Mo. App. 304 (W.D. 1902).

Although leading questions are proper on cross-examination, the trial court has discretion to restrict or even forbid the use of leading questions, especially when the witness is...