Leading the witness is a form of question where the answer is implied.
The witness merely says Yes or No...So in effect the Attorney is testifying NOT the witness...
You can not say: Isn't it true that you were at X at 8pm?
Better to say: Where were you at 8pm...?
The best way NOT to lead the witness is use questions starting with Who, What, When, Where, Why or How... These words let the witness testify in his own words...
Now...you can NOT lead your own witness...But amazingly you CAN lead the other attorney's witness on cross-examination.
These are called Hostile Witnesses... It is perfectly OK to lead the other attorney's witness on Cross Examination.
This is why you hear leading questions in court... Its not that the attorney is being more aggressive...Rather that attorney is cross examining someone else's witness...
Its important that your witnesses realize that you can't drag testimony out of them. Many witnesses expect that you will lead them and they become very confused on the witness stand when you don't...
So its important to tell witnesses that they have to "carry the ball" and you can't drag testimony out of them.
Of course, then, some witnesses will over do it and rush into a long narrative story...
They should be warned against this too. Tell them to let you say : Then what happen? ~ Occasionally to break up a long narrative.
Long narratives are sometimes objected to by the court or other attorney.
Sometimes you will see leading questions being allowed where obvious facts are being put in evidence and the other attorney doesn't bother objecting...
If the other attorney does not object you can lead a witness until they object...
The witness merely says Yes or No...So in effect the Attorney is testifying NOT the witness...
You can not say: Isn't it true that you were at X at 8pm?
Better to say: Where were you at 8pm...?
The best way NOT to lead the witness is use questions starting with Who, What, When, Where, Why or How... These words let the witness testify in his own words...
Now...you can NOT lead your own witness...But amazingly you CAN lead the other attorney's witness on cross-examination.
These are called Hostile Witnesses... It is perfectly OK to lead the other attorney's witness on Cross Examination.
This is why you hear leading questions in court... Its not that the attorney is being more aggressive...Rather that attorney is cross examining someone else's witness...
Its important that your witnesses realize that you can't drag testimony out of them. Many witnesses expect that you will lead them and they become very confused on the witness stand when you don't...
So its important to tell witnesses that they have to "carry the ball" and you can't drag testimony out of them.
Of course, then, some witnesses will over do it and rush into a long narrative story...
They should be warned against this too. Tell them to let you say : Then what happen? ~ Occasionally to break up a long narrative.
Long narratives are sometimes objected to by the court or other attorney.
Sometimes you will see leading questions being allowed where obvious facts are being put in evidence and the other attorney doesn't bother objecting...
If the other attorney does not object you can lead a witness until they object...
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