In law, what does "leading the witness" mean? Is it always objectionable? When is it sustained,overruled?

Answer 1

A Leading Question is one in which a person is directed to answer them in the way expected by the questioner. eg. Attorney asking his witness the question, 'it was raining when the incident occurs, isn't it ? , the answer can be a clear 'yes' the expected answer. A non-leading question would be "what was the weather when the incident occurred"

In general, attorneys are not permitted to ask a "friendly witness" (one who is there because he wants to testify in furtherance of the attorney's case; usually a witness that the attorney calls because it will help his case) leading questions. Such questions will generally be disallowed by the judge. However, leading questions to "hostile witnesses" (generally, witnesses who are testifying for the other side) are generally permitted.

The exact rule regarding when leading questions are permissible can be found in Rule 611(c) of the Federal Rules of Evidence which I've attached a link to below.

Answer 2

Leading the witness means asking questions by giving him the answer.

"Mr Smith, on Friday night did you get up at 5am, look out of your window and see the defendant getting out of his yellow Mustang, and then did you turn around and check the time on your clock radio so you're sure it was exactly 5am?" would be leading the witness.

"Mr Smith, what happened Friday night?" would be the right way to ask that question."

It is 'usually' objectionable. The objection would be upheld if the question was asked in such a way as to have given the witness information that he might not have already had.

"What was he wearing?" is OK, "Did you see him wearing a blue 'grateful dead' shirt?" would be leading.

Richard

Answer 3

It means feeding him his lines. Asking questions in such a way as to convey the answer. "Mr X, did you go to this place because you had reason to suspect that Mr Y would be there in the process of committing a robbery?"

There are some circumstances where everybody in court agrees that it is far easier all round to lead a witness. For example, when asking his name and address, which are already known to both prosecution and defence and which are not in any way controversial. Provided that the defence do not object to the situation, then it is perfectly in order to lead on such details.