CHAPTER 5. Method and Scope of Examination [760. - 778.]

Chapter 5 enacted by Stats. 1965, Ch. 299.

§§ 760–778 · 19 sections

1. 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.
2. 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…