Also known as: clear proof · clear and convincing evidence
Written by attorneys · grounded in primary & secondary sources — see below
An evidentiary standard requiring the proponent to establish the fact at issue to a high degree of probability. The standard exceeds a mere preponderance of the evidence but falls short of proof beyond a reasonable doubt.
Camila Cervantes sought to attend the sentencing hearing after her assailant pleaded guilty. The prosecutor asked the court to bar her from the courtroom. The judge reviewed affidavits showing her testimony would likely change after hearing other witnesses and issued a detailed order excluding her while noting alternatives considered.
Cecilia Cabrera executed a revocation of her will believing her son had predeceased her. Evidence later showed the son was alive. The court found the revocation rested on a mistaken belief established by clear and convincing evidence and treated the will as unrevoked.
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Claire Campbell, a city official, sued a newspaper for reporting she accepted bribes. The paper relied on an unverified tip and published without contacting her. The court held the evidence failed to show actual malice by the required standard and dismissed the claim.
Connor Clark and his brother died in the same accident. Hospital records contained conflicting times of death. The probate court found no clear and convincing evidence that the brother survived the required period and distributed the estate accordingly.
Charlotte Chung claimed an oral trust over family property. She presented consistent witness testimony and contemporaneous notes. The court found the trust terms established by the required standard and ordered the trustee to administer the assets.
Christian Coleman executed a deed omitting a life estate he intended for his sister. Draft notes and attorney testimony confirmed the omission was a scrivener error. The court reformed the deed after finding the mistake and intended terms by the required standard.
Clearest proof requires the fact to be shown as highly probable. This exceeds the preponderance standard but remains below the criminal beyond-a-reasonable-doubt threshold.
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Clearest proof is required to terminate parental rights, to overcome a legislative label of civil proceedings as punitive, and to prove actual malice in defamation actions by public officials.
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A court may reform an unambiguous donative document when clear and convincing evidence shows a mistake of fact or law and reveals the donor's true intention.
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An oral trust and its terms may be proved only by clear and convincing evidence unless another statute requires a writing.
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…Sixth and Fourteenth Amendment rights. The in-court identifications must be excluded unless the prosecution can establish by clear and convincing evidence that they were based upon observations of the suspect other than the lineup identification. The case is remanded for further proceedings. Majority opinion Opinion of the Court by…