Leading Question in United States

Leading Question Definition

In practice. A question which puts into the witness’ mouth the words to be echoed back, or plainly suggests the answer which the interrogating party desires or expects. 164 111. App. 612; 7 Serg. & B. (Pa.) 171; 4 Wend. (N. Y.) 247. In that case the examiner is said to lead him to the answer. It la not always easy to determine what is or is not a leading question. These questions cannot, in general, be put to a witness in his examination in chief. 3 Bin. (Pa.) 130; 6 Bin. (Pa ) 483; 1 Phil. Ev. 221; 1 Starkie, Ev. 123. But, in an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears the witness wishes to conceal the truth, or to favor the opposite party, or where, from the nature of the case, the mind of the witness cannot be directed to the subject of inquiry without a particular specification of such subject. 1 Campb. 43; 1 Starkie, 100. In cross-examinations, the examiner has generally the right to put leading questions. 1 Starkie, Ev. 132; 3 Chit. Prac. 892; Rose. Civ. Ev. 94; 3 Bouv. Inst, notes 3203, 3204.

Leading Question in Foreign Legal Encyclopedias

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Leading Question	Leading Question in the World Legal Encyclopedia.
Leading Question	Leading Question in the European Legal Encyclopedia.
Leading Question	Leading Question in the Asian Legal Encyclopedia.
Leading Question	Leading Question in the UK Legal Encyclopedia.
Leading Question	Leading Question in the Australian Legal Encyclopedia.

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Legal Issue for Attorneys

In practice. A question which puts into the witness’ mouth the words to be echoed back, or plainly suggests the answer which the interrogating party desires or expects. 164 111. App. 612; 7 Serg. & B. (Pa.) 171; 4 Wend. (N. Y.) 247. In that case the examiner is said to lead him to the answer. It la not always easy to determine what is or is not a leading question. These questions cannot, in general, be put to a witness in his examination in chief. 3 Bin. (Pa.) 130; 6 Bin. (Pa ) 483; 1 Phil. Ev. 221; 1 Starkie, Ev. 123. But, in an examination in chief, questions may be put to lead the mind of the witness to the subject of inquiry; and they are allowed when it appears the witness wishes to conceal the truth, or to favor the opposite party, or where, from the nature of the case, the mind of the witness cannot be directed to the subject of inquiry without a particular specification of such subject. 1 Campb. 43; 1 Starkie, 100. In cross-examinations, the examiner has generally the right to put leading questions. 1 Starkie, Ev. 132; 3 Chit. Prac. 892; Rose. Civ. Ev. 94; 3 Bouv. Inst, notes 3203, 3204.

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Notice

This definition of Leading Question Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..

Meaning of Leading Question

In plain or simple terms, Leading Question means: One which virtually instructs a witness how to answer or puts into his mouth word to be echoed back; one which suggest to the witness the answer desired. Ordinarily prohibited on direct examination, although allowed on cross-examination.

Leading Question