§ 767. — 767. (Amended by Stats. 2004, Ch. 823, Sec. 5.)

California § 767.

• Jurisdiction: California
• Code EVID: Evidence Code - EVID
• Div. 6.: DIVISION 6. WITNESSES
• Ch. 5.: CHAPTER 5. Method and Scope of Examination
• Art. 2.: ARTICLE 2. Examination of Witnesses

Text

(a)
Except under special circumstances where the interests of justice otherwise require:
(1)
A leading question may not be asked of a witness on direct or redirect examination.
(2)
A leading question may be asked of a witness on cross-examination or recross-examination.
(b)
The court may, in the interests of justice permit a leading question to be asked of a child under 10 years of age or a dependent person with a substantial cognitive impairment in a case involving a prosecution under Section 273a, 273d, 288.5, 368, or any of the acts described in Section 11165.1 or 11165.2 of the Penal Code.

Legislative History

Amended by Stats. 2004, Ch. 823, Sec. 5. Effective January 1, 2005.