Is asking a witness "is that what that says" a leading question?
Usually, yes, that is a leading question if asked on direct examination. A question like “Is that what that says?” typically suggests the desired answer and generally should be avoided on direct, though it is ordinarily permitted on cross-examination and may be allowed on direct when necessary to develop the witness’s testimony or when the witness is hostile, unwilling, or biased.[1]
Why it is leading
Federal Rule of Evidence 611(c) provides:
“Leading questions should not be used on direct examination except as necessary to develop the witness’s testimony.” Fed. R. Evid. 611(c)
The rule also says leading questions are ordinarily allowed:
on cross-examination, and when a party calls a hostile witness, an adverse party, or a witness identified with an adverse party.[1]
A question framed as:
“I’m showing you this document. Is that what it says?”
usually suggests the answer within the question itself. That is the classic hallmark of a leading question.
Practical distinction
| Question form | Likely leading? | Notes |
|---|---|---|
| “Please read the highlighted sentence aloud.” | No | Open-ended; lets the witness give the content |
| “What does that sentence say?” | Usually no | Still open-ended |
| “Is that what it says?” | Yes, usually | Suggests agreement with counsel’s characterization |
| “That document says X, correct?” | Yes | Strongly leading |
| “Does the document say X?” | Yes, usually | Also suggestive |
When it may be allowed
Even on direct, a court may allow leading questions in limited situations, including where needed to develop testimony or with a hostile witness.[1] For example, if the witness is having trouble reading, memory is exhausted, or the document is being used to refresh recollection under Rule 612, a court may permit more pointed questioning depending on the circumstances.[2]
Bottom line
If the lawyer has just read a document and asks, “Is that what that says?”, the safest answer is that it is generally leading. If you want to avoid a leading objection on direct, ask the witness to read the passage or describe what it says instead.