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Authored by: Kevin on Monday, May 07 2012 @ 10:10 PM EDT |
It depends on who called the witness.
Generally speaking, the rule is that you may lead a witness offered by the
opposing party, and you may petition the Court to treat someone you call as a
hostile witness and put leading questions to that witness.
But if you call a friendly witness, you're not allowed to lead. Witnesses who
willingly appear on your side must speak in their own words.
The court may compel that an evasive witness be compelled to answer with a
simple 'yes' or 'no'. Astute counsel on the opposing side will object to
improper questions in terms like "Objection, compound."
"Objection, assumes facts not in evidence." "Objection as to
form." and so on, so that "have you quit beating your wife?" may
be answered with "I have never beaten my wife," or "I have never
married."
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73 de ke9tv/2, Kevin (P.S. My surname is not McBride!)[ Reply to This | Parent | # ]
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