In California, a “leading question” objection is raised when an attorney asks a question that suggests the answer within the question itself. This typically occurs when the question is framed in such a way that it prompts the witness to respond in a particular direction, often by including the desired answer in the phrasing. Leading questions are generally not allowed during direct examination because they can undermine the witness’s ability to testify freely and may suggest that the attorney is improperly influencing the testimony. For instance, a question like “You were at the store when the incident occurred, weren’t you?” is leading because it implies the answer.
However, leading questions are generally permissible during cross-examination because they help to challenge or clarify the witness’s prior testimony. The rationale behind restricting leading questions during direct examination is to allow the witness to speak independently without being steered. Under California Evidence Code section 767, leading questions are prohibited in direct examination, unless they are necessary to clarify testimony or to establish undisputed facts. Courts may permit some leeway in situations where the witness is reluctant or unable to answer fully, but overall, the goal is to maintain fairness and prevent undue influence over the witness’s testimony.
