What is the correct understanding of leading questions on direct and cross when the witness is hostile?

What is the correct understanding of leading questions on direct and cross when the witness is hostile?

• A. Leading questions are forbidden on all examinations
• B. Leading questions are allowed only during direct examination
• C. Leading questions are forbidden on direct examinations but allowed on cross-examination; may be used on hostile witnesses during direct examination
• D. Leading questions are always allowed

Answer: (C)

Leading questions are questions that suggest the answer. On direct examination, the witness should provide testimony in their own words, so leading questions are generally not allowed. The exception is when the witness is hostile or adverse to the case; in that situation, the witness may be treated as adverse and leading questions may be used on direct to control or elicit the needed testimony. On cross-examination, leading questions are normally allowed to narrow the issues and challenge the witness. So, the correct understanding is that leading questions are forbidden on direct examinations but allowed on cross-examination, and may be used on hostile witnesses during direct examination.

Leading questions are questions that suggest the answer. On direct examination, the witness should provide testimony in their own words, so leading questions are generally not allowed. The exception is when the witness is hostile or adverse to the case; in that situation, the witness may be treated as adverse and leading questions may be used on direct to control or elicit the needed testimony. On cross-examination, leading questions are normally allowed to narrow the issues and challenge the witness. So, the correct understanding is that leading questions are forbidden on direct examinations but allowed on cross-examination, and may be used on hostile witnesses during direct examination.