Also known as: clear and convincing evidence
Written by attorneys · grounded in primary & secondary sources — see below
A standard of proof requiring evidence that is highly and substantially more likely to be true than not. The standard demands a firm belief or conviction in the matter at issue and exceeds the preponderance threshold while remaining below the criminal beyond-a-reasonable-doubt level.
The prosecutor seeks to bar victim Christian Coleman from the sentencing hearing after the defense objects that his presence would taint his testimony. The court reviews the record and finds the government failed to meet its burden, so Coleman remains in the courtroom throughout the proceeding.
Testator Clifford Cox executes a revocation believing his earlier will left everything to a now-deceased nephew. Heirs present testimony that the revocation rested on that false factual assumption. The court holds the revocation ineffective and admits the earlier will to probate.
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Public official Carlos Castillo sues a newspaper over an article accusing him of official misconduct. At trial the jury finds the statements false but the court grants judgment for the defendant because Castillo did not prove the publisher acted with knowledge of falsity or reckless disregard.
Decedent Caitlin Crowley and her sister die in the same accident. The sister’s estate claims she survived by more than five days. The court finds the evidence insufficient to establish survival by 120 hours, so the sister is deemed to have predeceased the decedent for intestate succession purposes.
Settlor Cameron Cruz orally directs that certain assets be held for his niece. After his death the niece offers witness testimony and contemporaneous notes. The court finds the evidence meets the required threshold and enforces the trust according to its proven terms.
Donor Christopher Collins executes a trust that inadvertently omits a remainder gift to his grandchildren. The grandchildren petition for reformation and introduce drafting notes plus the donor’s consistent statements. The court reforms the document to reflect the proven intention.
Clear and convincing evidence demands a firm belief that the matter is highly probable. It exceeds the preponderance standard, which requires only that a fact is more likely than not, but remains below the criminal beyond-a-reasonable-doubt threshold.
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The standard governs will revocations based on mistaken assumptions, reformation of donative documents, proof of oral trusts, survival by 120 hours under the Uniform Probate Code, and certain constitutional claims such as actual malice in defamation by public officials.
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Yes. Under the applicable rule the court may exclude a victim only upon a determination by clear and convincing evidence that the victim’s testimony would be materially altered by hearing other testimony, and the court must consider reasonable alternatives to exclusion.
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…supplemental application, just as it retains such authority in reviewing all supplemental applications. But absent clear evidence that the FDA would not have approved a change to Phenergan's label, we will not conclude that it was impossible for Wyeth to comply with both federal and state requirements. Wyeth has…