1 PJI 11 | CLEAR AND CONVINCING EVIDENCE
Clear and convincing evidence is evidence that produces in your mind a firm belief or conviction that the allegations sought to be proved by the evidence are true. Clear and convincing evidence involves a higher degree of persuasion than is necessary to meet the preponderance of the evidence standard. But it does not require proof beyond a reasonable doubt, the standard applied in criminal cases.
This instruction is derived from Fifth Circuit 2.14. For a variation, see Ninth Circuit 1.4.
The clear and convincing evidence standard has been described as an intermediate standard of proof. See Cruzan v. Missouri Dep’t of Health, 497 U.S. 261, 285 n.11 (1990). It is used to protect especially important interests in a limited number of federal cases.
(Last Updated October 2017)
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