clear and convincing evidence

Evidence indicating that the thing to be proved is highly probable or reasonably certain.

• This is a greater burden than preponderance of the evidence, the standard applied in most civil trials, but less than evidence beyond a reasonable doubt, the norm for criminal trials.

— Also termed clear and convincing proof. See REASONABLE DOUBT. Cf. PREPONDERANCE OF THE EVIDENCE. [Cases: Evidence 596(1). C.J.S. Evidence §§ 1299, 1304–1306, 1308, 1310–1311, 1315–1317.]


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