Also known as: clear unequivocal and convincing evidence · clear and convincing evidence
Written by attorneys · grounded in primary & secondary sources — see below
A heightened evidentiary standard requiring the proponent to establish that a fact is highly probable and free from serious doubt. The standard exceeds a mere preponderance of the evidence yet falls short of proof beyond a reasonable doubt.
Cade Carpenter faces trial for assaulting Corinne Cho. Corinne moves to attend the public proceeding. The defense claims her testimony will change after hearing others. The court denies exclusion because the defense offers only speculation rather than proof that her testimony would be materially altered.
Christine Castro executes a will leaving her estate to her daughter. After a false rumor that the daughter lost her professional license, Christine revokes the will. The daughter later proves the rumor false with records and testimony. The revocation is ineffective because the false belief is established by the required proof.
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County official Cody Callahan sues a news outlet for a story accusing him of misconduct. The outlet published the story after receiving an unverified tip and without checking public records. Callahan prevails because the outlet's failure to verify demonstrates the required level of fault.
Christian Coleman and his father die in the same accident. Hospital records contain conflicting times of death. The father's estate shows no reliable evidence that Christian survived the required period. Christian is therefore deemed to have predeceased his father.
Camila Cervantes claims an oral trust was created for her benefit. She offers witness testimony describing the settlor's statements and the trust terms. The court finds the testimony sufficient to establish the trust's existence and terms.
Cascade Manufacturing's founder executes a trust document that mistakenly names the wrong charity. The company offers testimony and drafting notes showing the error and the intended beneficiary. The court reforms the document to match the proven intention.
This standard requires the fact to be shown as highly probable rather than merely more likely than not. It therefore demands stronger, more persuasive proof than the ordinary civil burden.
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A public official or public figure must prove actual malice by this standard when suing over statements about official conduct or matters of public concern. The proof must show knowledge of falsity or reckless disregard for the truth.
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The court may exclude a victim only upon a determination that the victim's testimony would be materially altered if the victim heard other testimony. The determination must rest on this heightened evidentiary showing rather than speculation.
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The creation and terms of an oral trust may be proved only by this standard. Testimony or other evidence must persuade the fact-finder that the trust exists and that its terms are clear.
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The proponent must prove both that a mistake of fact or law affected specific terms and what the donor's true intention was. Direct evidence contradicting the document's plain meaning may be considered.
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…date of birth to a person born out of wedlock if— “(1) a blood relationship between the person and the father is established by clear and convincing evidence, “(2) the father had the nationality of the United States at the time of the person’s birth, “(3) the father (unless deceased) has agreed in writing to provide financial support for the…