FELICIANO, Ludy Jane P.

3D
LEADING QUESTIONS

1. Did X hit you in the face with his fist?

2. You forgot to pick up the children from after-school care on April 25, didn’t you?
3. You were at Seagull’s Pub the night of October 31st, right?
4. Didn’t you only drink water all night while the plaintiff had four pints of beer?
5. You told the bartender that you would follow Jim home, didn’t you?
6. Do you have any problems with your boss?
7. How fast was the red car going when it smashed into the blue car?
8. How fast would you estimate Mr. Smith’s car was traveling over the speed limit when he lost control of his
vehicle and slammed into the victim’s car?
9. Have you stopped beating your wife?
10. Did you heard the customer threaten to shoot the bartender?

MISLEADING QUESTIONS

1. Attorney: Where were you at the time of the accident?

Witness: I was standing at the bus stop right near the southeast corner of the intersection of Main
Street and 7th Avenue.
Attorney: What did the driver of the black van throw out of the window?
2. You saw the accused shot the victim twice with a caliber 45 gun, right?
3. You saw the accused hit the victim with a one-meter bolo, right?
4. You saw the accused wearing a white collared polo shirt at the day of the incident, right?
5. When you saw the accused washing his blood-stained clothes at the river….
6. You witnessed the accused beating his wife with a bolo, right?
7. You saw the accused steal the cashbox and run away immediately, right?
8. You saw a red car hit the child at the middle of the road, right?
9. You wanted his wife badly, the reason why you killed him, right?
10. You were with the accused at a drinking spree all night, right?
FELICIANO, Ludy Jane P. 3D
SPECIFIC GROUNDS FOR OBJECTIONS

1. THAT THE QUESTION IS LEADING:

A Leading question is one which suggest to the witness the desired answer. A question which in form
assumes a controverted fact, or permits the simple “yes” or “no” answer.
2. THAT THE QUESTION IS MISLEADING:
A question which assumes as true a fact not yet testified to by the witness, or contrary to that which he
has previously stated.
3. THE QUESTION CALLS FOR HEARSAY EVIDENCE:
In other words, the witness is not testifying to facts which he knows of his own personal knowledge.
However, there are various exceptions to this rule.
4. THE QUESTION ASSUMES A FACT:
In other words, the question assumes facts not in evidence.
5. NO FOUNDATION HAS YET BEED LAID FOR THE QUESTION:
Secondary evidence is introduced to prove the contents of writing when there has been no proof of
the destruction of loss of the original.
6. THE EVIDENCE IS IRRELEVANT:
The offered piece of evidence has no probative value on any issue in the case.
7. THE EVIDENCE IS IMMATERIAL:
The offered evidential fact is directed to prove some matter which is not properly in issue in the
pleadings and as determined by the applicable law.
8. THE QUESTION IS VAGUE:
In other words, ambiguous, uncertain, confusing, indefinite.
9. THE QUESTION CALLS FOR A CONCLUSION OF LAW:
A witness must testify only to facts and leave conclusions of law to the court.
10. THE QUESTION CALLS FOR A CONCLUSION OF THE WITNESS:
A witness can testify only to facts which are of his own knowledge, not to his conclusions.