Under what circumstances are leading questions permissible?

Leading questions are permissible in cross-examination because they allow the examining attorney to direct the witness's responses and focus on specific facts. This type of questioning is designed to challenge the testimony or credibility of the witness, often requiring them to agree or disagree with a statement provided by the examiner. The nature of cross-examination is confrontational, and leading questions aid in eliciting direct and concise answers that can highlight inconsistencies in a witness's account or reinforce points favorable to the examiner’s case.

In contrast, leading questions are typically not allowed during direct examination. This is because direct examination aims to elicit a witness's narrative without suggesting the desired answer, thereby preserving the integrity of the testimony. Allowing leading questions in this context could manipulate the testimony, undermining the jury's ability to hear the witness's own account.

Leading questions may sometimes be engaged when laying a foundation for evidence; however, the primary purpose of this phase is not to manipulate witness responses but rather to establish context and relevance. Therefore, while there are scenarios where leading questions might appear permissible, they are fundamentally suited to cross-examination where the goal is to confront and challenge testimony.