In common law systems that rely on testimony by witnesses, a leading question or suggestive interrogation is a question that suggests the particular answer or contains the information the examiner is looking to have confirmed. Their use is restricted in eliciting testimony in court, to reduce the ability of the examiner to direct or influence the evidence presented. Depending on the circumstances, leading questions can be objectionable or proper. Leading questions may often be answerable with a yes or no. The propriety of leading questions generally depends on the relationship of the witness to the party conducting the examination. An examiner may generally ask leading questions of a hostile witness or on cross-examination, but not on direct examination. Leading questions are distinct from loaded questions, which are objectionable because they contain implicit assumptions.
Example
Leading question: "How fast would you estimate Mr. Smith's car was traveling over the speed limit when he lost control of his vehicle and slammed into the victim's car?" Neutral question: "How fast would you estimate Mr. Smith's car was traveling before the collision?"
While each state has its own rules of evidence, many states model their rules on the Federal Rules of Evidence, which themselves relate closely to the common-law mode of examination. Rule 611 of the Federal Rules of Evidence provides that: Leading questions are the primary mode of examination of witnesses who are hostile to the examining party, and are not objectionable in that context. Examination of hostile witnesses usually takes place on cross-examination. As the rule recognizes, the examination of a "hostile witness, an adverse party, or a witness identified with an adverse party" will sometimes take place on direct examination, and leading questions are permitted. In practice, judges will sometimes permit leading questions on direct examination of friendly witnesses with respect to preliminary matters that are necessary to provide background or context, and which are not in dispute; for example, a witness's employment or education. Leading questions may also be permitted on direct examination when a witness requires special handling, for example a child. However, the court must take care to be sure that the examining attorney is not coaching the witness through leading questions. Although Rule 611 of the Federal Rules of Evidence do not prohibit leading questions on re-direct, some states have expressly limited the use of leading questions on re-direct. As a practical matter, it rests within the trial court's discretion as to what leading questions may be asked on re-direct. Generally speaking, leading questions will be more liberally permitted on re-direct in order to establish a foundation and call the attention of the witness to specific testimony elicited on cross examination. Additionally, on re-direct, an interrogator will often ask questions which specifically seek to elicit whether an inference resulting from questioning on cross examinations is accurate. Although these type of questions will likely result in a "yes" or "no" response, they are properly understood to be direct questions, not leading questions, and are permissible.
Exceptions to the no-leading-questions rule
Where the witness is hostile to the examiner, or reluctant or unwilling to testify, in which situation the witness is unlikely to accept being "coached" by the questioner.
To bring out preliminary matters.
Where the memory of the witness has been exhausted and there is still information to be elicited.
To help the witness avoid answering on a subject that is prejudicial or improper.
