Section § 765

Explanation

This law section requires the court to manage how witnesses are questioned during legal proceedings. The goal is to make questioning fast, clear, and effective for revealing the truth while also protecting witnesses from unnecessary harassment or embarrassment.

Special care is required for witnesses who are either under 14 or have significant cognitive impairments. For these individuals, the court needs to avoid unnecessary repetition, ensure questions are age-appropriate, and may block questions that are confusing for the witness.

(a)CA Evidence Code § 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 for the ascertainment of the truth, as may be, and to protect the witness from undue harassment or embarrassment.
(b)CA Evidence Code § 765(b) With a witness under the age of 14 or a dependent person with a substantial cognitive impairment, the court shall take special care to protect him or her from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The court shall also take special care to ensure that questions are stated in a form which is appropriate to the age or cognitive level of the witness. The court may, in the interests of justice, on objection by a party, forbid the asking of a question which is in a form that is not reasonably likely to be understood by a person of the age or cognitive level of the witness.

Section § 766

Explanation

When a witness is answering questions in a legal setting, they must provide answers that directly respond to the questions asked. If they don't, and their answers are not relevant or on point, any party can ask the court to remove those unresponsive answers from the record.

A witness must give responsive answers to questions, and answers that are not responsive shall be stricken on motion of any party.

Section § 767

Explanation

In general, you can't ask leading questions, which suggest the answer, to a witness you're questioning directly, unless justice needs otherwise. However, it is allowed during cross-examination when questioning the opposing side's witness.

The court can allow leading questions for children under 10 or adults with substantial cognitive impairments in specific abuse or criminal cases.

(a)CA Evidence Code § 767(a) Except under special circumstances where the interests of justice otherwise require:
(1)CA Evidence Code § 767(a)(1) A leading question may not be asked of a witness on direct or redirect examination.
(2)CA Evidence Code § 767(a)(2) A leading question may be asked of a witness on cross-examination or recross-examination.
(b)CA Evidence Code § 767(b) The court may, in the interests of justice permit a leading question to be asked of a child under 10 years of age or a dependent person with a substantial cognitive impairment in a case involving a prosecution under Section 273a, 273d, 288.5, 368, or any of the acts described in Section 11165.1 or 11165.2 of the Penal Code.

Section § 768

Explanation

This law explains how to handle documents when questioning a witness. You don't need to show a document to a witness when asking about it. However, if you choose to show the document to a witness, then everyone involved in the case should get a chance to look at it before you ask based on the document.

(a)CA Evidence Code § 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)CA Evidence Code § 768(b) If a writing is shown to a witness, all parties to the action must be given an opportunity to inspect it before any question concerning it may be asked of the witness.

Section § 769

Explanation

This law states that when questioning a witness about something they've said or done that contradicts their testimony, you don't have to reveal any details about the inconsistent statement or conduct to them during the questioning.

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 to disclose to him any information concerning the statement or other conduct.

Section § 770

Explanation

In general, you can't use evidence from outside the court to challenge what a witness has said during their testimony unless they were given a chance to explain or deny it while testifying, or if the witness is still available to provide more testimony.

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 the hearing shall be excluded unless:
(a)CA Evidence Code § 770(a) The witness was so examined while testifying as to give him an opportunity to explain or to deny the statement; or
(b)CA Evidence Code § 770(b) The witness has not been excused from giving further testimony in the action.

Section § 771

Explanation

This law says that if a witness uses a written document to help remember details about their testimony, they have to show the document at the hearing if the other side asks for it. If they don't provide it, the witness's testimony on that matter can be removed from the record. However, if the document is presented, the opposing party can look at it, question the witness about it, and even submit parts of it as evidence. There are exceptions if the document isn't available because the witness or the party doesn't have it, or they couldn't get it through normal court procedures.

(a)CA Evidence Code § 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 which he testifies, such writing must be produced at the hearing at the request of an adverse party and, unless the writing is so produced, the testimony of the witness concerning such matter shall be stricken.
(b)CA Evidence Code § 771(b) If the writing is produced at the hearing, the adverse party may, if he chooses, inspect the writing, cross-examine the witness concerning it, and introduce in evidence such portion of it as may be pertinent to the testimony of the witness.
(c)CA Evidence Code § 771(c) Production of the writing is excused, and the testimony of the witness shall not be stricken, if the writing:
(1)CA Evidence Code § 771(c)(1) Is not in the possession or control of the witness or the party who produced his testimony concerning the matter; and
(2)CA Evidence Code § 771(c)(2) Was not reasonably procurable by such party through the use of the court’s process or other available means.

Section § 772

Explanation

This law outlines the process for questioning a witness in court. The phases include direct examination, cross-examination, redirect examination, and recross-examination. Each phase should be completed before moving to the next, unless the court decides otherwise for a good reason. A party may interrupt a phase to address new topics not previously covered, if the court allows it. However, if the witness is the defendant in a criminal case, they cannot be directly examined by another party without their consent.

(a)CA Evidence Code § 772(a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and continuing thereafter by redirect and recross-examination.
(b)CA Evidence Code § 772(b) Unless for good cause the court otherwise directs, each phase of the examination of a witness must be concluded before the succeeding phase begins.
(c)CA Evidence Code § 772(c) Subject to subdivision (d), a party may, in the discretion of the court, interrupt his cross-examination, redirect examination, or recross-examination of a witness, in order to examine the witness upon a matter not within the scope of a previous examination of the witness.
(d)CA Evidence Code § 772(d) If the witness is the defendant in a criminal action, the witness may not, without his consent, be examined under direct examination by another party.

Section § 773

Explanation

This law allows a witness who has been questioned by one side to be questioned by the other sides as well, on related topics that came up in the initial questioning. The judge decides the order in which each side can question the witness.

Also, if a side does not oppose the side that originally questioned the witness, their questioning must follow the same rules as the initial questioning.

(a)CA Evidence Code § 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 order as the court directs.
(b)CA Evidence Code § 773(b) The cross-examination of a witness by any party whose interest is not adverse to the party calling him is subject to the same rules that are applicable to the direct examination.

Section § 774

Explanation

Once a witness has been questioned in court, they cannot be questioned again about the same topic unless the court gives permission. However, if another party in the case introduces new topics during their questioning, the original party can question the witness about those new topics. The court has the power to decide whether to allow such reexamination.

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 been examined by another party to the action. Leave may be granted or withheld in the court’s discretion.

Section § 775

Explanation

This law allows a court to call and question witnesses just like any party involved in a case can. If the court calls a witness, other parties can still raise objections to questions and evidence, just as they would if an opposing party had called the witness. Additionally, all parties in the case have the right to cross-examine these witnesses in an order determined by the court.

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 action, and the parties may object to the questions asked and the evidence adduced the same as if such witnesses were called and examined by an adverse party. Such witnesses may be cross-examined by all parties to the action in such order as the court directs.

Section § 776

Explanation

This section allows a party in a civil lawsuit or someone closely associated with them to be questioned by the opposing side, as if they are under cross-examination, at any point when the questioning side is presenting their evidence. This person can then be questioned further in a specific order as the court decides. However, their own lawyer, or a lawyer not against them, can only speak to them next as if it were a follow-up questioning.

People considered connected to a party could include close associates such as employees, directors, or agents, especially if their role is directly connected to the lawsuit. Even those previously in these positions at key times related to the case are covered. Some exceptions apply for specific situations where the person being questioned is aligned with both their questioner and another party.

(a)CA Evidence Code § 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 adverse party at any time during the presentation of evidence by the party calling the witness.
(b)CA Evidence Code § 776(b) A witness examined by a party under this section may be cross-examined by all other parties to the action in such order as the court directs; but, subject to subdivision (e), the witness may be examined only as if under redirect examination by:
(1)CA Evidence Code § 776(b)(1) In the case of a witness who is a party, his own counsel and counsel for a party who is not adverse to the witness.
(2)CA Evidence Code § 776(b)(2) In the case of a witness who is not a party, counsel for the party with whom the witness is identified and counsel for a party who is not adverse to the party with whom the witness is identified.
(c)CA Evidence Code § 776(c) For the purpose of this section, parties represented by the same counsel are deemed to be a single party.
(d)CA Evidence Code § 776(d) For the purpose of this section, a person is identified with a party if he is:
(1)CA Evidence Code § 776(d)(1) A person for whose immediate benefit the action is prosecuted or defended by the party.
(2)CA Evidence Code § 776(d)(2) A director, officer, superintendent, member, agent, employee, or managing agent of the party or of a person specified in paragraph (1), or any public employee of a public entity when such public entity is the party.
(3)CA Evidence Code § 776(d)(3) A person who was in any of the relationships specified in paragraph (2) at the time of the act or omission giving rise to the cause of action.
(4)CA Evidence Code § 776(d)(4) A person who was in any of the relationships specified in paragraph (2) at the time he obtained knowledge of the matter concerning which he is sought to be examined under this section.
(e)CA Evidence Code § 776(e) Paragraph (2) of subdivision (b) does not require counsel for the party with whom the witness is identified and counsel for a party who is not adverse to the party with whom the witness is identified to examine the witness as if under redirect examination if the party who called the witness for examination under this section:
(1)CA Evidence Code § 776(e)(1) Is also a person identified with the same party with whom the witness is identified.
(2)CA Evidence Code § 776(e)(2) Is the personal representative, heir, successor, or assignee of a person identified with the same party with whom the witness is identified.

Section § 777

Explanation

This law allows a court to make witnesses leave the courtroom so they can't hear the testimony of other witnesses being examined.

However, the parties directly involved in the case cannot be excluded. If a company or organization is a party, its lawyer can pick an officer or employee to stay in the courtroom.

(a)CA Evidence Code § 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 hear the testimony of other witnesses.
(b)CA Evidence Code § 777(b) A party to the action cannot be excluded under this section.
(c)CA Evidence Code § 777(c) If a person other than a natural person is a party to the action, an officer or employee designated by its attorney is entitled to be present.

Section § 778

Explanation

If a witness has finished their testimony and been released, they can only be called back to testify if the court agrees. The decision is up to the judge.

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 withheld in the court’s discretion.