Legal Definitions - clear and convincing evidence

Definition: Clear and convincing evidence is a standard of proof that must be met in certain convictions or judgments. It is a more rigorous standard than preponderance of the evidence, but less rigorous than proving evidence beyond a reasonable doubt. This standard is used in both civil and criminal trials.

The Supreme Court in Colorado v. New Mexico, 467 U.S. 310 (1984), defined clear and convincing evidence as evidence that is highly and substantially more likely to be true than untrue. This means that the fact finder must be convinced that the contention is highly probable.

Examples of cases that require clear and convincing evidence include:

• Fraud cases
• Wills
• Withdrawing life support
• Enforcement of a gift causa mortis

For example, in a gift causa mortis case, the court may require clear and convincing evidence that the gift occurred during the decedent's lifetime. This means that the evidence presented must be highly and substantially more likely to be true than untrue, and the fact finder must be convinced that the gift occurred.