Also known as: middle burden · intermediate burden of proof · clear and convincing evidence
Written by attorneys · grounded in primary & secondary sources — see below
A party's duty to prove a fact by clear and convincing evidence. This standard lies between the preponderance-of-the-evidence standard and the beyond-a-reasonable-doubt standard.
In a federal criminal trial, the prosecutor seeks to exclude victim Melanie Morris from the courtroom during another witness's testimony. The court reviews the evidence and determines that clear and convincing evidence shows her testimony would be materially altered if she remained present. The court excludes her after considering alternatives and states its reasons on the record.
Testator Marcus Mitchell revoked his will after a false rumor that his daughter would lose her driver's license. The daughter presents clear and convincing evidence that the rumor was false and that the revocation rested on that mistaken belief. The court treats the revocation as presumptively ineffective.
Select any source to read its text and confirm it supports the definition.
Public official Maria Morales sues a newspaper for publishing false statements about her official conduct. She introduces clear and convincing evidence that the publisher knew the statements were false or acted with reckless disregard for their truth. The court denies the newspaper's motion to dismiss.
After a decedent's death, the personal representative must determine whether Mustafa Mahmoud survived by 120 hours. The court finds that clear and convincing evidence fails to establish the required survival period. Mahmoud is therefore deemed to have predeceased the decedent for intestate succession purposes.
Beneficiary Matthew Martinez seeks to enforce an alleged oral trust. He offers testimony and documents to prove the trust's creation and terms. The court requires clear and convincing evidence and finds the showing sufficient to establish the trust despite the absence of a written instrument.
After executing a trust, donor Maya Malik discovers a scrivener's error that misstates her intended beneficiaries. She petitions for reformation and presents clear and convincing evidence of both the mistake and her true intention. The court reforms the document to conform to that intention.
The middle burden requires proof by clear and convincing evidence. This standard is higher than a mere preponderance but lower than proof beyond a reasonable doubt.
Supporting sources
Courts apply the middle burden in contexts such as will revocation challenges based on mistake, reformation of donative documents, survival determinations under the Uniform Probate Code, and certain constitutional claims involving actual malice or parental rights termination.
The middle burden demands a higher degree of certainty than preponderance. A party must persuade the factfinder that the contested fact is highly probable rather than merely more likely than not.
Supporting sources
…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…