Also known as: clear and convincing evidence · clear and convincing proof · clear and convincing · clear & convincing
Written by attorneys · grounded in primary & secondary sources — see below
A heightened evidentiary standard that requires the party bearing the burden to establish that a fact is highly probable. The standard demands proof that produces a firm belief or conviction in the mind of the factfinder and exceeds the preponderance threshold while remaining below the beyond-a-reasonable-doubt threshold used in criminal prosecutions.
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Maria Lopez, an elderly investor defrauded by financial adviser Daniel Cruz, seeks to attend Cruz's plea hearing. Cruz's counsel moves to exclude her on the ground that she may later testify about reliance and loss. The court denies the motion because no evidence shows that Lopez's testimony would be materially altered by hearing other witnesses.
Jessica destroys her 2015 will naming her daughter Kenneth as beneficiary after hearing a false rumor that Kenneth will lose her commercial driver's license. She executes a new will favoring her dispatcher Jeremy. Kenneth later proves by clear and convincing evidence that the rumor was false, rendering the revocation presumptively ineffective.
County food safety director Eloise sues View Food for publishing accusations that she ignored health violations in exchange for favors. View Food moves to dismiss. The court denies the motion because Eloise can show by clear and convincing evidence that the publisher acted with actual malice by failing to verify readily available records.
Jacob and his adult son Jackson die after simultaneous poisoning during a lab accident. Hospital records contain conflicting times of death because of an evacuation. The personal representative cannot establish by clear and convincing evidence that Jackson survived Jacob by 120 hours, so Jackson is deemed to have predeceased Jacob.
Settlor Cameron Cruz orally directs that certain assets be held in trust for his niece. After Cruz's death the trustee disputes the trust's existence and terms. The niece must prove the trust and its terms by clear and convincing evidence before the assets can be administered according to the alleged oral instructions.
Testator Charles Cunningham executes a will that inadvertently omits a parcel of land he intended to leave to his nephew. The nephew petitions for reformation. The court may reform the will only if the nephew establishes by clear and convincing evidence both the mistake and the testator's true intention.
The clear and convincing standard requires the factfinder to reach a firm belief or conviction that the fact is highly probable. Preponderance requires only that the fact is more likely than not. Several primary authorities expressly impose the higher threshold when important interests such as victim attendance rights or will revocations are at stake.
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…Family and Juvenile Court Acts § 32 (c) (1969). Cf. the proposal of the National Council on Crime and Delinquency that a "clear and convincing" standard be adopted. Model Rules for Juvenile Courts, Rule 26, p. 57 (1969). See generally Cohen, The Standard of Proof in Juvenile Proceedings: Gault Beyond a Reasonable Doubt, 68 Mich.…
…incompetent individual, or whether they allow more general proof of what the individual's decision would have been, require a
…this case, there is no indication that Congress sought to prohibit judicial review and there is most certainly no "showing of clear and convincing evidence
…standard); Haw. Rev. Stat. §56Q:2-803(g) (1999) (same), with Ga. Code Ann. § 53-1-5(d) (Supp. 1996) (requiring proof
…See also Addington v. Texas , 441 U. S. 418 (1979). In that case, we held that the State must prove the need for commitment by "clear and convincing
The standard protects First Amendment interests when a public official must prove actual malice in defamation and due-process interests when a state seeks to terminate parental rights or withdraw life-sustaining treatment. Courts have held that a lower standard would insufficiently safeguard these rights.
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A victim may be excluded from a public proceeding only upon a finding, supported by clear and convincing evidence, that the victim's testimony would be materially altered by hearing other testimony. The court must also consider reasonable alternatives and state its reasons on the record.
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An oral trust need not be evidenced by a writing, but its creation and terms may be proved only by clear and convincing evidence. This heightened burden prevents fraudulent claims while still permitting enforcement of genuine oral arrangements.
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