California Evidence Code 767 – (a) Except under special circumstances where the interests of …
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(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.
Terms Used In California Evidence Code 767
- Dependent: A person dependent for support upon another.
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
(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.
(Amended by Stats. 2004, Ch. 823, Sec. 5. Effective January 1, 2005.)