§ 767 [Restrictions on Leading Questions of Witnesses]

This rule controls how lawyers can ask questions to witnesses in court. A "leading question" is one that suggests its own answer, like "You saw the car run the red light, didn't you?" instead of "What did you see happen at the intersection?"

When a lawyer questions their own witness (called direct or redirect examination), they usually cannot ask leading questions. The idea is that the witness should tell their own story in their own words, not just agree with whatever the lawyer suggests. However, when a lawyer questions the other side's witness (called cross-examination), leading questions are allowed. This makes sense because the lawyer is testing or challenging that witness's story, not helping them tell it.

There are exceptions to these rules when a judge decides that fairness requires a different approach. The rule also carves out a special exception for young children under 10 or people with serious cognitive impairments who are witnesses in certain abuse cases involving children, elders, or dependent adults. In these situations, judges can allow leading questions even during direct examination, since these witnesses may have a hard time answering open-ended questions about difficult or traumatic experiences.