Question: Can you ask leading question at trial in the State of Indiana?
Answer: Yes, but there is discretion by the trial court, see below.
It is in the sound discretion of the trial court permit the use of leading questions. Under Rule 611(c), leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness’s testimony. Ordinarily, leading questions should be permitted on cross–examination. Whenever a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions. Under Trial Rule 43(B), a party may interrogate any unwilling or hostile witness by leading questions. A party may call an adverse party…and interrogate him by leading questions…
Thus, the trial court’s decision to allow leading questions by both parties when the adverse party is called as a witness is a matter within the court’s traditional discretion. However, this does not mean that the unbridled use of leading questions is permitted as a matter of right. While leading questions are generally an integral part of the cross-examination when an adverse party is called as a witness by the opponent, roles are reversed. In this situation, there is great danger that leading questions on cross-examination will be substituted for the witness’s thoughts and language as to material facts in dispute.