Victorian Consolidated Legislation

Evidence Act 2008 - SECT 37

Leading questions

37. Leading questions



(1) A leading question must not be put to a witness in examination in chief or
in re-examination unless-

   (a)  the court gives leave; or

   (b)  the question relates to a matter introductory to the witness's
        evidence; or

   (c)  no objection is made to the question and (leaving aside the party
        conducting the examination in chief or re-examination) each other
        party to the proceeding is represented by an Australian legal
        practitioner, legal counsel or prosecutor; or

   (d)  the question relates to a matter that is not in dispute; or

   (e)  if the witness has specialised knowledge based on the witness's
        training, study or experience-the question is asked for the purpose of
        obtaining the witness's opinion about a hypothetical statement of
        facts, being facts in respect of which evidence has been, or is
        intended to be, given.

(2) Unless the court otherwise directs, subsection (1) does not apply in civil
proceedings to a question that relates to an investigation, inspection or
report that the witness made in the course of carrying out public or official
duties.

(3) Subsection (1) does not prevent a court from exercising power under rules
of court to allow a written statement or report to be tendered or treated as
evidence in chief of its maker.

Note Leading question is defined in the Dictionary.