Section 9.12 Leading Questions

• Library: Civil Trial Practice 2015 Supp

2. (§9.12) Leading Questions

One of the most frustrating and yet fundamental aspects of trial advocacy lies in the fact that the person who best knows the story to be told, the trial attorney, is not permitted to tell it; the evidence must come from a witness. Witnesses are not puppets, and leading questions are not permitted. A leading question is one that suggests the answer within it, such as: “You were wearing your glasses, weren’t you?” Such questions are, as a general rule, objectionable on direct examination.

There are certain times during direct examination when leading questions will not incite an objection, for example, when the questions merely call for background information. Both opposing counsel and trial judges usually believe that the use of leading questions in such circumstances will result in some time savings, and no...