Evidence
Clear and Convincing Evidence
A heightened proof standard requiring evidence stronger than preponderance but below beyond a reasonable doubt.
Plain-English definition
Clear and convincing evidence is used when the law wants extra confidence before allowing a serious result. It requires a firm belief or conviction, not merely that something is more likely than not. Examples vary by jurisdiction and claim type.
How it works
Courts may use this standard for certain fraud issues, punitive damages, injunction-related findings, professional discipline, or rights-affecting proceedings depending on the law involved.
Why it matters
The same factual record can satisfy preponderance but fail clear and convincing review, changing the result.
Related terms
More in Evidence
Attorney-Client Privilege
A protection for confidential communications between attorney and client made for the purpose of seeking or giving legal advice.
Authentication
The requirement to show that evidence is what the offering party claims it is.
Burden of Proof
The obligation to prove a claim, defense, or issue to the required legal standard.
Business Records Exception
A hearsay exception for records kept in the regular course of business under reliable recordkeeping conditions.
Daubert Motion
A pre-trial challenge to the admissibility of expert testimony, asking the court to act as gatekeeper over scientific or technical evidence.
Expert Witness
A witness allowed to give opinion testimony because specialized knowledge will help the factfinder understand evidence or decide facts.
Hearsay
An out-of-court statement offered to prove the truth of what the statement asserts.
Motion in Limine
A pretrial motion asking the court to admit, exclude, or limit specific evidence before the jury hears it.
Not legal advice. Definitions are for general reference. Consult an attorney before relying on any term in a real case.