Having had multiple Trials scheduled within a short period of time recently, one issue persisted: the opposing representative’s line of questioning during the Examination in Chief.
Examination in Chief, or Direct Examination, is where the representative asks their witnesses questions to support their client’s case.
At one Trial I recently attended, the Deputy Judge made the statement, reminding the representatives not to ask their witnesses leading questions.
The Deputy Judge advised there has been an increase in both Paralegals and Lawyers forgetting how to ask proper questions in the Trial.
A leading question is one asked that can lead the witness to a specific answer, usually with a yes or no response, but isn’t always the case.
Leading questions are not allowed during Examination in Chief because they may unfairly guide the witness’s testimony by suggesting the answers to the witness, which may weaken the strength of their testimony.
During the Examination in Chief, open-ended questions are asked, which allow the witness to provide answers freely. Open-ended questions usually start with where, when, what, how, etc.
Leading questions are allowed during Cross-Examination since the purpose of Cross-Examination is to ask questions of the opposing party’s witnesses to test their answers and determine how truthful or reliable they are.
Developing your line of questioning and preparing well in advance of the Trial date, can help avoid the issue of asking leading questions at Trial.
Having to constantly object to a representative’s leading questions not only delays the Trial but also aggravates the tendonitis in my shoulder, as I have to raise my hand so many times during one hearing to object.