Section 9.16 Leading

• Library: Evidence 2017

A. (§9.16) Leading

Generally, counsel should not ask leading questions during direct examination; however, whether leading questions are allowed is largely within the trial court’s discretion. State v. Allison, 845 S.W.2d 642, 647–48 (Mo. App. W.D. 1992); King v. Copp Trucking, Inc., 853 S.W.2d 304, 309 (Mo. App. W.D. 1993).

Missouri courts have allowed leading questions in cases:

where the witness is shy, timid, or unwilling, State v. George, 214 Mo. 262, 113 S.W. 1116, 1118 (Mo. 1908); where the witness is hostile, State v. Preston, 673 S.W.2d 1, 5 (Mo. banc 1984); for preliminary or formal matters, Hesse v. Wagner, 475 S.W.2d 55, 62 (Mo. 1971); where the witness had difficulty understanding English, Vodicka v. Sette, 223 S.W. 578, 581 (Mo. 1920); or for where the answer has already been produced and the attorney is merely...