Which statement best reflects the rule on leading questions?

Which statement best reflects the rule on leading questions?

• A. Leading questions should not be used on direct except to develop testimony. Leading questions are allowed on cross or on adverse witnesses.
• B. Leading questions are prohibited on all examinations.
• C. Leading questions are always allowed on direct.
• D. Leading questions are never allowed on cross-examination.

Answer: (A)

Leading questions are those that suggest the answer. On direct examination, the witness should describe events in their own words, so leading questions are generally avoided. The proper exception is when you need to develop the testimony or help the witness provide a coherent narrative—such as when the witness is reluctant or forgetful and you’re trying to jog memory. When you move to cross-examination, you may use leading questions to control the testimony, highlight inconsistencies, and elicit admissions. The same approach applies with adverse or hostile witnesses, where the goal is to challenge the credibility or obtain precise admissions. This combination—restraining leading questions on direct while allowing them on cross and with adverse witnesses—best captures the rule. Other statements misstate the rule: leading questions aren’t prohibited on all examinations, they’re not always allowed on direct, and they’re not never allowed on cross.

Leading questions are those that suggest the answer. On direct examination, the witness should describe events in their own words, so leading questions are generally avoided. The proper exception is when you need to develop the testimony or help the witness provide a coherent narrative—such as when the witness is reluctant or forgetful and you’re trying to jog memory. When you move to cross-examination, you may use leading questions to control the testimony, highlight inconsistencies, and elicit admissions. The same approach applies with adverse or hostile witnesses, where the goal is to challenge the credibility or obtain precise admissions. This combination—restraining leading questions on direct while allowing them on cross and with adverse witnesses—best captures the rule.

Other statements misstate the rule: leading questions aren’t prohibited on all examinations, they’re not always allowed on direct, and they’re not never allowed on cross.