Description
These are only allowed during cross-examination. It is where the attorney asks a question that suggests the answer.
Purpose/Policy/Reason
The purpose of not allowing leading questions in the direct examination is to prevent the attorney from receiving misleading testimonial evidence.
Examples
You were at the scene of the crime, right?”
(In this case, the attorney is asking a question that suggests an answer during direct examination, which is objectionable.)
You saw Jack steal the pencil, correct?”
(In this case, the attorney is asking a question that suggests the answer, which is objectionable.)
You witnessed the defendant grab the women’s purse, right?”
(In this case, the attorney is asking a question that suggests the answer, which is objectionable.)
Federal and Georgia Mock Trial Rule of Evidence
Article VI. Witnesses
Rule 611: Mode and Order of Examining Witnesses and Presenting Evidence
(c) Leading Questions. Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony. Ordinarily, the court should allow leading questions:
(1) on cross-examination; and
(2) when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.