March 9, 2017
Direct Examination B: To Lead or Not to Lead
Massachusetts Lawyers Weekly
Federal Rule of Evidence 611(c) provides that leading questions "should not be used on the direct examination of a witness except as may be necessary to develop the witness's testimony."
Too many lawyers consider that rule as a mere technicality — or as a rule to violate as often as you can get away with it. And when a lawyer leads, often the opposing counsel doesn't object.