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Leading Question
The asking of leading questions during a trial or deposition is a strategy often employed by counsel on both sides of a court proceeding, but is almost always objected to by the opposing counsel and usually disallowed by the judge, except under certain circumstances.
A leading question is one phrased in such a way as to suggest a pre-determined answer the examiner wishes to hear, or may even contain the information being sought.
A leading question might be phrased this way: "You were angry at your supervisor, weren't you?" In this example, the examiner - the opposing counsel who is asking the question - is suggesting that the witness had an "attitude problem," and places him/her in an unfavorable light.
The witness' attorney would probably raise an objection over such a question. If the judge sustains, or supports the objection, the examiner has a choice of either withdrawing the question or rephrasing it in a non-leading way: "How did you feel toward your supervisor?"
Leading questions are generally allowed when an examiner is questioning a hostile witness or is on cross-examination. In some cases, leading questions are necessary. An examiner may ask leading questions in order to establish basic facts such as the witness' name and occupation. Leading questions may also be used if the witness is reluctant to testify, or is a young child, mentally impaired or a non-English speaker; if the witness' memories are not clear; or if the issue is a delicate or sensitive one.
In general (though not always), leading questions are ones that can be answered with a simple yes or no, while non-leading questions usually require an open-ended response.
Both a leading and a non-leading question can be objectionable if it assumes facts not in evidence. For example: "Were you ever able to stop drinking?" While not leading - since it does not suggest a specific response - it implies that the witness had (A) been an alcoholic in the past, and (B) may still have a drinking issue - facts that have not been established. The opposing counsel would object on grounds that it assumes facts not in evidence.