Short answer. A leading question is one that suggests to the witness the answer the examining party wants, and Rule 132, Section 10 generally bars it — except on cross-examination, on preliminary matters, or when questioning a witness who is a child, feeble-minded, a deaf-mute, otherwise has difficulty answering directly, is unwilling or hostile, or is the adverse party or its officer.
What the law says
A question which suggests to the witness the answer which the examining party desires is a leading question. It is not allowed, except: (a) On cross-examination; (b) On preliminary matters; (c) When there is difficulty in getting direct and intelligible answers from a witness who is ignorant, a child of tender years, is of feeble mind, or a deaf-mute; (d) Of an unwilling or hostile witness; or (e) Of a witness who is an adverse party or an officer, director, or managing agent of a public or private corporation
Rule 132, Section 10 — Leading and misleading questions. Read the full provision →
What the law says
A misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he or she has previously stated. It is not allowed.
Rule 132, Section 10 — Leading and misleading questions. Read the full provision →
What makes a question 'leading'
The rule defines it plainly: a question which suggests to the witness the answer which the examining party desires is a leading question. In practice, this is usually a question phrased so that the desired answer is baked into the wording itself, leaving the witness to simply confirm what the lawyer has already stated rather than supplying the answer in their own words.
Why direct examination bars it by default
The general prohibition is aimed at direct examination, where the witness is testifying for the party that called them — the concern is that a friendly witness, prompted with a suggestive question, may simply agree rather than genuinely recall and state the facts. Keeping direct examination free of leading questions is meant to make sure the testimony actually reflects the witness's own knowledge rather than the examining lawyer's version of events.
The listed exceptions
Section 10 does not ban leading questions everywhere — it lists specific situations where they are allowed: on cross-examination, on preliminary matters, when the witness genuinely has difficulty giving direct answers (because of youth, feeble-mindedness, being a deaf-mute, or similar difficulty), when the witness is unwilling or hostile, and when the witness is the adverse party or an officer, director, or managing agent of a corporation that is an adverse party. Each of these situations shares a common thread: the risk of simply feeding an answer to a cooperative, friendly witness is much lower.
Misleading questions are a separate, absolute ban
The section also bars a different problem: a misleading question is one which assumes as true a fact not yet testified to by the witness, or contrary to that which he or she has previously stated. Unlike leading questions, this ban has no listed exceptions — a question that quietly assumes a disputed or unestablished fact is not allowed at all, on direct or cross-examination, because it risks trapping the witness into confirming something they never actually said.