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Cal. Evid. Code § 767

Examination of Witnesses

Applied in 5 court decisions — leading case 54 Cal. 4th 952 - People v. Tully (2012)

Most recently applied in 13 Cal. 5th 722 - People v. Morelos (August 2022)

Amended by Stats. 2004, Ch. 823, Sec. 5

How often courts cite this section

200620102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.