The burden of proof-Clear and Convincing Evidence is a higher standard than the preponderance of the evidence and is needed for certain types of civil cases. It requires proof that something is substantially more likely than not to be true. It is sometimes referred to as intermediate proof or clear, unequivocal, and convincing evidence. Furthermore, it is a more difficult standard to prove compared to the preponderance of the evidence standard. There are two types of Clear and Convincing Evidence: direct and circumstantial. Direct evidence is that which comes directly from a witness' testimony, while circumstantial evidence is evidence that requires an inference to be made about the facts of the case. The burden of proof-Clear and Convincing Evidence is most often used in civil cases involving the termination of parental rights, fraud, trade secrets, and libel.
1.7 Burden of Proof-Clear and Convincing Evidence
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FAQ
?Clear and convincing evidence? is a medium level burden of proof which must be met for certain convictions/judgments. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet than proving evidence beyond a reasonable doubt.
When a party has the burden of proving any claim or defense by clear and convincing evidence, it means that the party must present evidence that leaves you with a firm belief or conviction that it is highly probable that the factual contentions of the claim or defense are true.
Where the preponderance of evidence only requires the plaintiff to 'tip the scales' towards demonstrating fault, the clear and convincing standard needs to demonstrate that fault is 'highly' and 'substantially' more probable to be true than not true.
In summary, the clear and convincing standard is higher than the preponderance of the evidence standard but lower than the beyond a reasonable doubt standard. It requires a high level of certainty in the evidence presented, but not to the same extent as in criminal cases.
Clear and convincing evidence: Evidence indicating that the thing to be proved is highly probable or probably certain.
Clear and convincing evidence is a showing that there is a high probability that a fact is true, as opposed to something simply being more likely than not. This standard is often used in California personal injury cases where the plaintiff seeks punitive damages in addition to compensatory damages.
Stated another way, a preponderance of the evidence means the greater weight of the evidence. It refers to the quality and persuasiveness of the evidence, not to the number of witnesses or documents.