chapter  6
54 Pages

Course of Trial

The process of the examination in chief is applicable only with regard to a party calling the witness. As a general rule, the party who calls the witness ought not to ask leading questions. A leading question is one that either assumes the existence of disputed facts or suggests the desired answer. It is also suggested that a leading question is one to which the answer is ‘yes’ or ‘no’. For example, a question such as, ‘Did you see Arthur hit the victim, Victor?’ The proper course would be to ask Arthur whether he recalls an incident on the relevant date? Where was he? He is then asked to narrate the incident.