Burden of Proof in a Civil Trial
Clear and Convincing Evidence or Preponderance of the Evidence
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the Burden of Proof in a Civil Trial?
The burden of proof in a trial refers to the responsibility of a party to produce evidence in support of her allegations. The burden of persuasion refers to the strength of that evidence.
The burden of proof in a civil trial is a finding of liability by either a preponderance of the greater weight of evidence or by clear and convincing evidence.
What is Preponderance of the Greater Weight of Evidence?
A preponderance of the greater weight of evidence, or simply a preponderance of the evidence, concerns how convincing is the available evidence. The jury should focus on credibility and accuracy.
What is Clear and Convincing Evidence?
Clear and convincing evidence is a slightly higher standard of proof than a preponderance of the evidence. It focuses on the greater likelihood or belief that the evidence is truthful and the fact-finder's belief in its truth.
In either case, the plaintiff must present evidence sufficient to meet this standard in order to demonstrate liability.
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