CLEAR AND CONVINCING PROOF
A standard applied by a jury or by a judge in a
nonjury trial to measure the probability of the
truthfulness of particular facts alleged during a
civil lawsuit.
Clear and convincing proof means that the
evidence presented by a party during the trial is
more highly probable to be true than not and
the jury or judge has a firm belief or conviction
in it. A greater degree of believability must be
met than the common standard of proof in civil
actions, PREPONDERANCE OF THE EVIDENCE,
which requires that the facts more likely than
not prove the issue for which they are asserted.
The standard of clear and convincing
proof—also known as “clear and convincing evidence”; “clear, convincing, and satisfactory”;
“clear, cognizant, and convincing”; and “clear,
unequivocal, satisfactory, and convincing”—is
applied only in particular cases, primarily those
involving an equitable remedy, such as reformation
of a deed or contract for mistake.
