13/08/2026
𝐖𝐡𝐚𝐭 𝐚𝐫𝐞 𝐥𝐞𝐚𝐝𝐢𝐧𝐠 𝐚𝐧𝐝 𝐦𝐢𝐬𝐥𝐞𝐚𝐝𝐢𝐧𝐠 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧𝐬?
Under Section 10, Rule 132 of the 2019 Amendments to the Rules on Evidence, a leading question suggests to the witness the answer desired by the examining party. A misleading question assumes as true a fact not yet testified to by the witness, or assumes a fact contrary to the witness’s previous testimony.
𝐋𝐞𝐚𝐝𝐢𝐧𝐠 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧. It is generally not allowed because it tends to suggest or supply the answer. It is, however, allowed: on cross-examination; on preliminary matters; when there is difficulty obtaining direct and intelligible answers from a witness who is ignorant, a child of tender years, of feeble mind, or deaf-mute;
when directed to an unwilling or hostile witness; or
when directed to an adverse party, or to an officer, director, or managing agent of an adverse corporation, partnership, or association.
Example: “You saw the accused strike the victim, did you not?”
This suggests the answer “Yes,” and is therefore leading.
𝐌𝐢𝐬𝐥𝐞𝐚𝐝𝐢𝐧𝐠 𝐪𝐮𝐞𝐬𝐭𝐢𝐨𝐧. It is not allowed because it incorporates an unproven or contrary factual premise.
Example: “After you saw the accused strike the victim, where did you go?”
If the witness has not yet testified that he or she saw the accused strike the victim, the question is misleading because it assumes that fact to be true.
Similarly, asking, “You testified that the place was dark, correct?” when the witness previously testified that the place was well-lighted is misleading because it assumes a fact contrary to the witness’s prior testimony.
