{"code":"EVID","codeName":"Evidence Code","section":"767","citation":"Evid. Code, ยง 767","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 6. WITNESSES [700. - 795.]","url":"https://blackletter.si/evidence-code/division-6"},{"name":"CHAPTER 5. Method and Scope of Examination [760. - 778.]","url":"https://blackletter.si/evidence-code/division-6/chapter-5"},{"name":"ARTICLE 2. Examination of Witnesses [765. - 778.]","url":"https://blackletter.si/evidence-code/division-6/chapter-5/article-2"}],"history":"Amended by Stats. 2004, Ch. 823, Sec. 5. Effective January 1, 2005.","effective":"2005-01-01","html":"

(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.

","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.","otherVersions":[],"url":"https://blackletter.si/evidence-code/examination-of-witnesses-767","source":"California Legislative Information bulk export (pubinfo)"}