AN ATTORNEY DEFENDING a deposition may at times raise a relatively obscure objection-that the interlocutor has asked a "misleading question." The objection is appropriate when any answer will provide erroneous information. The classic example is, "Have you stopped beating your wife?" As a useful book on the topic explains, "If the witness answers [']yes,['] the implication is that he at one time did beat his wife; if he answers 'no,' it sounds as though he continues to beat her." The query calls naturally for one of two responses and both are misleading.
Davis, Joshua P.
"Supreme Court Review of the Foreign Trade Antitrust Improvements Act: A Case of a Misleading Question?,"
University of San Francisco Law Review: Vol. 38
, Article 2.
Available at: http://repository.usfca.edu/usflawreview/vol38/iss3/2