CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Direct Exam
......Leading Questions
.........Exceptions
............Handicapped Witnesses
3 Cards On This Topic:
  • Trial court had the discretion to allow DA to use leading questions with speech-impaired witness where it deemed option most fair to all parties.
  • Court has discretion to permit leading questions on direct examination of elderly persons who lack memory and cannot understand questions.
  • Court has discretion to permit leading questions on direct examination of witness with low intelligence and whose testimony is vague, uncertain and confused.