Also known as: clear and convincing evidence standard · clear-and-convincing standard · clear and convincing evidence
Written by attorneys · grounded in primary & secondary sources — see below
A heightened evidentiary standard requiring that the fact asserted be shown to be highly probable. The standard demands more certainty than a mere preponderance of the evidence but less than proof beyond a reasonable doubt.
Carmen Choi was subpoenaed to testify at the public trial of the person accused of assaulting her. The defense asked the court to exclude her from the courtroom during other witnesses' testimony. The judge reviewed the record and concluded that clear and convincing evidence did not show her testimony would be materially altered, so Choi remained present throughout the proceeding.
Christian Coleman executed a revocation of his 2018 will after hearing an erroneous report that his intended beneficiary had died. Later evidence established by clear and convincing evidence that the report was false. The revocation was therefore treated as ineffective and the 2018 will remained in force.
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Cody Callahan, a city council member, sued a local newspaper for publishing an article accusing him of misusing public funds. Callahan presented testimony and documents showing the reporter had serious doubts about the accuracy of the source material yet published anyway. The jury found that Callahan had proved actual malice by clear and convincing evidence and awarded damages.
Caitlin Crowley and her brother were both injured in the same accident. Hospital records showed conflicting times of death. Because no clear and convincing evidence established that the brother survived Crowley by 120 hours, the probate court deemed him to have predeceased her for intestate succession purposes.
Catherine Carter orally directed that certain funds be held in trust for her niece and explained the distribution terms to two witnesses. After Carter's death the niece sought enforcement. The court required the niece to prove the trust's creation and terms by clear and convincing evidence before recognizing the oral trust.
Camila Cervantes executed a deed transferring property to her nephew but the scrivener omitted a life estate she had expressly requested. Direct testimony and contemporaneous notes established by clear and convincing evidence both the mistake and Cervantes's true intention. The court reformed the deed to include the omitted life estate.
The clear and convincing standard requires the factfinder to conclude that the asserted fact is highly probable. The preponderance standard requires only that the fact is more likely than not. The higher threshold protects important interests such as liberty and reputation.
A public official or public figure suing over statements concerning official conduct or public concern must prove actual malice by clear and convincing evidence. Actual malice means the defendant knew the statement was false or acted with reckless disregard for its truth.
Reformation is available when clear and convincing evidence establishes both that a mistake of fact or law affected specific terms and what the donor's true intention was. Direct evidence contradicting the text may be considered along with other evidence of intention.
An individual born before the decedent's death is deemed to have predeceased unless clear and convincing evidence shows survival by 120 hours. Conflicting or incomplete medical records often fail to meet this standard.
…After reviewing the record, the Court of Appeals endorsed the District Court's conclusion that petitioner had failed to show by clear and convincing evidence that respondent had acted with "actual malice" as defined by New York Times . There was no evidence that the managing editor of American Opinion knew of the falsity of the accusations made…