Evid. Code, § 767 · Article 2. Examination of Witnesses
Evid. Code, § 767
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Amended by Stats. 2004, Ch. 823, Sec. 5. Effective January 1, 2005.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=767.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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