Define: Clear And Convincing Evidence

Clear and convincing evidence is a legal standard used in civil and sometimes criminal cases to establish the proof required for a particular claim or assertion. It falls between the preponderance of the evidence standard (more likely than not) and the beyond a reasonable doubt standard (used in criminal cases). Clear and convincing evidence requires that the evidence presented must be highly probable or reasonably certain to convince the fact-finder (judge or jury) that the asserted facts are true. It demands a greater degree of certainty than the preponderance of the evidence standard but does not require absolute certainty as in the beyond a reasonable doubt standard. Clear and convincing evidence is commonly used in cases involving certain types of civil disputes, such as fraud, undue influence, termination of parental rights, and in some instances, to prove elements of a crime.

Clear and convincing evidence is a standard of proof greater than a preponderance of evidence but lower than the standard of beyond a reasonable doubt (which is required in criminal cases). Under the clear and convincing level of proof, a party must prove it is “substantially more likely than not that it is true.”

Most personal injury cases or tort cases must be won through a preponderance of evidence. Some cases, however, can only be won if the plaintiff meets the “clear and convincing evidence” standard. Common civil cases which use the clear and convincing evidence standard include administrative hearings, habeas corpus, and some fraud claims.

The definition of clear and convincing is not clearly defined by the courts. Some experts explain this standard as less than “beyond a reasonable doubt” which should be as close to 100% per cent as possible and higher than a preponderance of evidence, which is viewed as above 50%. Some argue clear and convincing evidence requires the plaintiff to prove their case is more than 51% likely to be true, but less than 100%.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.