Which is an exception to the prohibition on leading questions on direct examination?

Which is an exception to the prohibition on leading questions on direct examination?

• A. Forgetful witness
• B. Opposing party
• C. Stubborn witness
• D. Introductory question

Answer: (B)

On direct examination, you generally must use open-ended questions so the witness describes events in their own words. But there are limited exceptions where a leading question is allowed, and the clearest example is when the witness is an opposing party or otherwise adverse to your side. An opposing party’s witness is considered unfriendly to the examiner’s position, so leading questions are permitted to help quickly and reliably elicit admissions, organize the testimony, and prevent evasive answers. The other scenarios don’t fit the recognized exceptions: a forgetful or stubborn witness isn’t itself an exception to the general rule, and an introductory question doesn’t create a sanctioned basis to lead.

On direct examination, you generally must use open-ended questions so the witness describes events in their own words. But there are limited exceptions where a leading question is allowed, and the clearest example is when the witness is an opposing party or otherwise adverse to your side. An opposing party’s witness is considered unfriendly to the examiner’s position, so leading questions are permitted to help quickly and reliably elicit admissions, organize the testimony, and prevent evasive answers.

The other scenarios don’t fit the recognized exceptions: a forgetful or stubborn witness isn’t itself an exception to the general rule, and an introductory question doesn’t create a sanctioned basis to lead.