However, claims which involve fraud, wills, and withdrawing life support will typically require the clear and convincing evidence standard. For example, some courts have held that enforcement of a gift causa mortis requires a clear and convincing showing that the gift occurred during the decedent’s lifetime. States vary with regard to which standard of proof they require. In other words, the fact finder must be convinced that the contention is highly probable. 310 (1984), "clear and convincing” means that the evidence is highly and substantially more likely to be true than untrue. A standard of proof determines the amount of evidence that the plaintiff or defendant needs to provide. This burden involves the standard of proof the plaintiff must meet in presenting evidence to the judge or jury. The clear and convincing evidence standard is employed in both civil and criminal trials.Īccording to the Supreme Court in Colorado v. Once the plaintiff has met the burden of production, they must meet the burden of persuasion. This standard is a more rigorous to meet than preponderance of the evidence standard, but less rigorous standard to meet than proving evidence beyond a reasonable doubt. But it does not mean that a Defendant’s guilt must be proved beyond all possible doubt. The evidence must overcome any reasonable doubt concerning the Defendant’s guilt. “Clear and convincing evidence” is a medium level burden of proof which must be met for certain convictions/ judgments. The burden is upon the State to prove beyond a reasonable doubt that the Defendant is guilty of the crime (s) charged.
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