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Evidence Act 2006

Trial process - Questioning of witnesses

89: Leading questions in examination in chief and re-examination

You could also call this:

"Asking witnesses questions that suggest an answer in court"

Illustration for Evidence Act 2006

When you are a witness in a court case, you will be asked questions by a lawyer. You might be asked a leading question, which is a question that suggests a certain answer. A leading question can only be asked if it is about something that is not disputed, or if all parties agree to it, or if the Judge allows it.

If you have already written a statement or report, the Judge might let the lawyer use it as part of your evidence. This can happen even if the rules about leading questions would normally prevent it. The Judge can make this decision if the court rules allow it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM393920.

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Part 3Trial process
Questioning of witnesses

89Leading questions in examination in chief and re-examination

  1. In any proceeding, a leading question must not be put to a witness in examination in chief or re-examination unless—

  2. the question relates to introductory or undisputed matters; or
    1. the question is put with the consent of all other parties; or
      1. the Judge, in exercise of the Judge’s discretion, allows the question.

        1. Subsection (1) does not prevent a Judge, if permitted by rules of court, from allowing a written statement or report of a witness to be tendered or treated as the evidence in chief of that person.