During a civil trial, the plaintiff’s attorney repeatedly asks leading questions while directly examining their witness. After several instances, the opposing counsel objects. What is the most appropriate action for the judge to take in this scenario?
Dismisses the objection, explaining that leading questions can be allowed depending on the context of the questioning.
Overrules the objection, permitting leading questions in certain situations during direct examination.
Warns the attorney without further action, allowing them to continue asking leading questions as needed.
Sustains the objection and reminds the attorney that leading questions are restricted during direct examination unless certain exceptions apply.
Under the rules of evidence, leading questions are generally not allowed during direct examination to prevent influencing the witness's testimony, except in specific situations, such as when dealing with hostile witnesses or witnesses needing assistance to clarify their testimony. The correct response is for the judge to sustain the objection and remind the attorney that leading questions are restricted during direct examination unless an exception applies. Overruling the objection or dismissing it overlooks the general prohibition of leading questions. Likewise, merely warning the attorney is insufficient for upholding procedural fairness and ensuring adherence to evidentiary rules.
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