Code of Alabama
Ala. Code § 12-21-138 (2026)
Leading Questions.
✓ official Alabama Legislature (ALISON) text, current July 2026
Leading questions are generally allowed in cross-examinations and only in these, but the court may exercise a discretion in granting the right to the party calling the witness and in refusing it to the opposite party when, from the conduct of the witness or other reason, justice requires it.
(Code 1907, §4018; Code 1923, §7732; Code 1940, T. 7, §444.)
Notes of Decisions
Cited in 2
cases, 1993–1998 · leading case: Wright v. State, 641 So. 2d 1274 (Ala. Crim. App. 1993).
Wright v. State, 641 So. 2d 1274 (Ala. Crim. App. 1993). “Ala.Code 1975, § 12-21-138. We find that the trial judge properly sustained the State's objections.”
Washington v. State, 818 So. 2d 411 (Ala. Crim. App. 1998). “1 He argues that the original prosecutor and the undercover officer clearly were witnesses adverse to the defense and that, pursuant to § 12-21-138, Ala.Code 1975, the trial court had the discretion to prevent the questions if justice required it to do so.”
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