Evidence Code section 767

(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.

Source: Section 767, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=767.­ (accessed Jun. 9, 2025).

Last Updated

May 12, 2025

§ 767’s source at ca​.gov