CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Method of Exam: Direct Exam
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Leading Questions
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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.