Roberts was later overruled by the Crawford v. ” “is that correct” “you never gave them. that” “is it to your knowledge, then, that. “No less than 17 plainly leading questions were asked, as indicated by phrases in counsel’s inquiries: “is it a fact. Roberts four of them are what would be called “elliptical” interrogatories that take the form of statements.Įlliptical interrogatories are questions in which the verb, and at times the subject, is removed, and the intonation is such that it suggests a “yes” or “no” answer. Of the seven “plainly leading” questions referenced in footnote 11 of Ohio v. This was done by quoting the phrases which made them leading. The Court, in a footnote, discussed seven of seventeen “plainly leading” questions that were asked by counsel. The United States Supreme Court noted that in deciding whether a question is leading is a question of form. It is well settled that the mere fact of a question requiring, or suggesting, a yes or no answer does not automatically make the question leading. (1995)(to refresh a witnesses recollection or jog their memory outside of the presence or hearing of the jury). it was not viewed as less credible just because the testimony was elicited through leading questions) 1963)(if the use of the leading questions does not affect the substance of the direct evidence, i.e. Smith, 115 A.2d 782 (Pa.Super 1955)(When a witness is reluctant to testify) 1983)(if solely an isolated leading question) 1945)( Where a witness has a speech affliction which prevents him or her from speaking in the usual manner) 2003)(when leading questions are needed due to the length and complexity of the testimony as long as the elicited responses are of information that would have been admissible despite the leading format) Super 1992)(when questioning a child witness because they are generally easily intimidated in a courtroom setting) Super 1992)(the victim is unable to communicate due to a disease which only allows for limited communication, such as only being able to raise either a left or right arm to answer yes or no) Super 1989)( on direct examination when there is difficulty in getting direct and intelligible answers) 2000)(When a witness is hostile, proves to be hostile or the party calling the witness is surprised by testimony of the witness inconsistent with prior statements) 158, Pa., Decem(When a party is surprised by a witness unexpectedly turning hostile) Pennsylvania law has recognized numerous times when leading questions during direct examination are permitted. This wide discretion will not be disturbed on appeal absent a clear abuse of the discretion afforded to the trial court.Ĭommonwealth v. The trial court has wide discretion in controlling the use of leading questions. This discretion does not have a defined limit, but rather is to be exercised and limited by the interests of fairness and justice on a case by case basis. The Pennsylvania Supreme Court held that it is within the discretion of the trial court to govern when leading questions may be permitted in order to “permit parties to elicit any material truth without regard to the technical considerations of who called the witness.”Ĭhambers, 599 A.2d 630 at 640, citing Commonwealth v. The language of Rule 611(c) regarding the use of leading questions when questioning one’s own witness is to be liberally construed. When a party calls a hostile witness, an adverse party or a witness identified with an adverse party, interrogation may be by leading questions a witness so examined should usually be interrogated by all other parties as to whom the witness is not hostile or adverse as if under redirect examination.”Ī leading question, as defined by the Pennsylvania Supreme Court, is one that puts the desired answer in the mouth of the witness. Ordinarily, leading questions should be permitted on cross-examination. “Leading questions should not be used on the direct or redirect examination of a witness except as may be necessary to develop the witness’ testimony. Rule of Evidence 611(c) the times that counsel may ask leading questions are delineated. The following should give a brief overview of the concept of “leading” a witness – and shed light on what kinds of questions are to be viewed as leading questions. Before getting into court and litigating a matter, any matter, it is important for an attorney to understand what a leading question is and when it is permitted to be used. DiCindio Law LLC | Febru| Criminal ProcedureĮveryday, in criminal courts across Pennsylvania, there is a fine line that is walked with what each lawyer believes is a “leading” question.
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