Florida Jury Instruction - 13.13.1 General Instruction
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The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
New Mexico, 467 U.S. 310 (1984), "clear and convincing? means that the evidence is highly and substantially more likely to be true than untrue. In other words, the fact finder must be convinced that the contention is highly probable. States vary with regard to which standard of proof they require.
"Clear and convincing" evidence means evidence of such convincing force that it demonstrates, in contrast to the opposing evidence, a high probability of the truth of the fact[s] for which it is offered as proof. Such evidence requires a higher standard of proof than proof by a preponderance of the evidence.
In short, "clear" describes the character of unambiguous evidence, whether true or false; "convincing" describes the effect of evidence on an observer.
90.206 Instructing jury on judicial notice. ?The court may instruct the jury during the trial to accept as a fact a matter judicially noticed.
The court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
?Clear and convincing evidence? is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.
Clear and convincing evidence is something more than a preponderance of the evidence, it is evidence that leaves you with a firm conviction that the claim is true.