CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Direct Exam
......Leading Questions
.........Exceptions
............Child Witnesses
4 Cards On This Topic:
  • Court may permit witnesses under age 10 [or a dependent person with a substantial cognitive impairment] to be asked leading questions on direct examination in certain criminal cases.
  • Leading questions on direct exam of child witness is acknowledged exception to traditional view that leading questions undesirable; child may use anatomical dolls or other devices to assist her in testifying.
  • Court has discretion to permit use of leading questions with child witness, but must be careful to avoid suggesting answers.
  • It is within court's discretion to permit use of leading questions on direct examination of child witness.