Is a yes or no question a leading question?
“A leading question has been defined as one which suggests the desired response which may frequently be answered ‘yes’ or ‘no. ‘ However, a question is not always considered leading merely because it may be answered yes or no.” State v.
Can police ask leading questions?
Leading questions are not allowed on direct examination—meaning that in most cases, a prosecutor cannot ask them.
How do you fix leading questions?
Tips to Rephrase a Leading Question If the judge sustains an objection to a leading question, focus on rephrasing the question so that it no longer suggests an answer. In other words, try for a more “open-ended” question.
Do you have to answer yes or no in court?
The court may order to answer yes/no first before the explanation. The explanation must be relevant to the yes/no answer. The court usually will not allow the witness to wander away from the question that was asked. It is also possible that a seeming yes/no question doesn’t have a yes/no answer.
Can I refuse to answer a question in a deposition?
In most cases, a deponent cannot refuse to answer a question at a deposition unless the answer would reveal privileged or irrelevant private information or the court previously ordered that the information cannot be revealed (source). However, there are certain types of questions that do not have to be answered.
Can I refuse to answer a question in court?
A witness can, at any time, refuse to answer a question by claiming protection under the Fifth Amendment. The person testifying is the defendant in a criminal case: This is an extension of the protection under the Fifth Amendment. Criminal defendants can never be forced to testify.
Can I say I don’t remember in court?
Witnesses must testify under oath before many lawyers, with a court reporter transcribing everything they say. Lawyers may also tell witnesses that if they don’t remember certain events, they can simply say “I don’t recall.” In general, such instructions are not improper.
What happens if you don’t want to testify?
If a witness in a criminal case refuses to testify, he or she could be found in contempt of court (Penal Code 166 PC). Being found in contempt of court can result in jail time and/or a fine. But the victim/witness could still be held in contempt and fined per CCP1219.