DIVISION 6. WITNESSES [700. - 795.]
Division 6 enacted by Stats. 1965, Ch. 299.
§§ 700–795 · 57 sections
CHAPTER 1. Competency §§ 700–704 · 6 sections
- § 700 Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter.
- § 701 (a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood,…
- § 702 (a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against…
- § 703 (a) Before the judge presiding at the trial of an action may be called to testify in that trial as a witness, he shall, in proceedings held out of the presence…
- § 703.5 No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil…
- § 704 (a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the jury in that trial as a witness, he shall, in proceedings…
CHAPTER 2. Oath and Confrontation §§ 710–712 · 3 sections
- § 710 Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the age of 10…
- § 711 At the trial of an action, a witness can be heard only in the presence and subject to the examination of all the parties to the action, if they choose to…
- § 712 Notwithstanding Sections 711 and 1200, at the trial of a criminal action, evidence of the technique used in taking blood samples may be given by a registered…
CHAPTER 3. Expert Witnesses §§ 720–733 · 8 sections
ARTICLE 1. Expert Witnesses Generally §§ 720–723 · 4 sections
- § 720 (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert…
- § 721 (a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully…
- § 722 (a) The fact of the appointment of an expert witness by the court may be revealed to the trier of fact. (b) The compensation and expenses paid or to be paid to…
- § 723 The court may, at any time before or during the trial of an action, limit the number of expert witnesses to be called by any party.
ARTICLE 2. Appointment of Expert Witness by Court §§ 730–733 · 4 sections
- § 730 When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to…
- § 731 (a) (1) In all criminal actions and juvenile court proceedings, the compensation fixed under Section 730 shall be a charge against the county in which the…
- § 732 Any expert appointed by the court under Section 730 may be called and examined by the court or by any party to the action. When such witness is called and…
- § 733 Nothing contained in this article shall be deemed or construed to prevent any party to any action from producing other expert evidence on the same fact or…
CHAPTER 4. Interpreters and Translators §§ 750–757 · 9 sections
- § 750 A person who serves as an interpreter or translator in any action is subject to all the rules of law relating to witnesses.
- § 751 (a) An interpreter shall take an oath that he or she will make a true interpretation to the witness in a language that the witness understands and that he or…
- § 752 (a) When a witness is incapable of understanding the English language or is incapable of expressing himself or herself in the English language so as to be…
- § 753 (a) When the written characters in a writing offered in evidence are incapable of being deciphered or understood directly, a translator who can decipher the…
- § 754 (a) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss so great as to prevent his or her…
- § 754.5 Whenever an otherwise valid privilege exists between an individual who is deaf or hard of hearing and another person, that privilege is not waived merely…
- § 755.5 (a) During any medical examination, requested by an insurer or by the defendant, of a person who is a party to a civil action and who does not proficiently…
- § 756 (a) To the extent required by other state or federal laws, the Judicial Council shall reimburse courts for court interpreter services provided in civil actions…
- § 757 Pursuant to this chapter, other applicable law, and existing Judicial Council policy, including the policy adopted on January 23, 2014, existing authority to…
CHAPTER 5. Method and Scope of Examination §§ 760–778 · 19 sections
ARTICLE 1. Definitions §§ 760–764 · 5 sections
- § 760 “Direct examination” is the first examination of a witness upon a matter that is not within the scope of a previous examination of the witness.
- § 761 “Cross-examination” is the examination of a witness by a party other than the direct examiner upon a matter that is within the scope of the direct examination…
- § 762 “Redirect examination” is an examination of a witness by the direct examiner subsequent to the cross-examination of the witness.
- § 763 “Recross-examination” is an examination of a witness by a cross-examiner subsequent to a redirect examination of the witness.
- § 764 A “leading question” is a question that suggests to the witness the answer that the examining party desires.
ARTICLE 2. Examination of Witnesses §§ 765–778 · 14 sections
- § 765 (a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as effective…
- § 766 A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party.
- § 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…
- § 768 (a) In examining a witness concerning a writing, it is not necessary to show, read, or disclose to him any part of the writing. (b) If a writing is shown to a…
- § 769 In examining a witness concerning a statement or other conduct by him that is inconsistent with any part of his testimony at the hearing, it is not necessary…
- § 770 Unless the interests of justice otherwise require, extrinsic evidence of a statement made by a witness that is inconsistent with any part of his testimony at…
- § 771 (a) Subject to subdivision (c), if a witness, either while testifying or prior thereto, uses a writing to refresh his memory with respect to any matter about…
- § 772 (a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and…
- § 773 (a) A witness examined by one party may be cross-examined upon any matter within the scope of the direct examination by each other party to the action in such…
- § 774 A witness once examined cannot be reexamined as to the same matter without leave of the court, but he may be reexamined as to any new matter upon which he has…
- § 775 The court, on its own motion or on the motion of any party, may call witnesses and interrogate them the same as if they had been produced by a party to the…
- § 776 (a) A party to the record of any civil action, or a person identified with such a party, may be called and examined as if under cross-examination by any…
- § 777 (a) Subject to subdivisions (b) and (c), the court may exclude from the courtroom any witness not at the time under examination so that such witness cannot…
- § 778 After a witness has been excused from giving further testimony in the action, he cannot be recalled without leave of the court. Leave may be granted or…
CHAPTER 6. Credibility of Witnesses §§ 780–791 · 11 sections
ARTICLE 1. Credibility Generally §§ 780–783 · 4 sections
- § 780 Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has any tendency in reason…
- § 782 (a) In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credibility of…
- § 782.1 The possession of a condom is not admissible as evidence in the prosecution of a violation of Section 372 of, or subdivision (a) or (b) of Section 647 of, or…
- § 783 In any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, if evidence of sexual conduct of the plaintiff is…
ARTICLE 2. Attacking or Supporting Credibility §§ 785–791 · 7 sections
- § 785 The credibility of a witness may be attacked or supported by any party, including the party calling him.
- § 786 Evidence of traits of his character other than honesty or veracity, or their opposites, is inadmissible to attack or support the credibility of a witness.
- § 787 Subject to Section 788, evidence of specific instances of his conduct relevant only as tending to prove a trait of his character is inadmissible to attack or…
- § 788 For the purpose of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of the judgment that he has been…
- § 789 Evidence of his religious belief or lack thereof is inadmissible to attack or support the credibility of a witness.
- § 790 Evidence of the good character of a witness is inadmissible to support his credibility unless evidence of his bad character has been admitted for the purpose…
- § 791 Evidence of a statement previously made by a witness that is consistent with his testimony at the hearing is inadmissible to support his credibility unless it…
CHAPTER 7. Hypnosis of Witnesses § 795 · 1 section
- § 795 (a) The testimony of a witness is not inadmissible in a criminal proceeding by reason of the fact that the witness has previously undergone hypnosis for the…