Editing Leading question (section)

== United States ==
While each state has its own rules of [[evidence (law)|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(c) of the Federal Rules of Evidence provides that:

{{Blockquote|Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.}}

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. Courts may also cite the various editions of McCormick's and Wigmore's treatises on evidence to answer whether a closed-ended question is inherently leading.<ref>{{Cite web |last=Jeter |first=Lisa |date=2021-09-07 |title=Is a Closed-Ended Question Inherently a Leading Question? |url=https://www.naag.org/attorney-general-journal/is-a-closed-ended-question-inherently-a-leading-question/ |access-date=2022-11-27 |website=National Association of Attorneys General |language=en-US}}</ref>

Although Rule 611(c) of the Federal Rules of Evidence (and comparable rules of many states) do not prohibit leading questions on [[redirect examination|re-direct]], some{{Which|date=July 2012}} 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 general restrictions against leading questions may arise,
* Where the [[hostile witness|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 (name, occupation, and other pedigree information).
* Where the memory of the witness has been exhausted and there is still information to be elicited.