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Leading Question

A question which suggests an answer; usually answerable by yes or no.

A question which suggests an answer; usually answerable by "yes" or "no".

For example: "Did you see David at 3 p.m.?"

These are forbidden to ensure that the witness is not coached by their lawyer through his or her testimony.

The proper form would be: "At what time did you see David?"

Leading questions are only acceptable in cross-examination or where a witness is declared hostile.

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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