Clear and convincing evidence

What clear and convincing evidence means

In practice, you will see clear and convincing evidence in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where clear and convincing evidence comes up

The term is used across many kinds of cases. For example, you may see it in pleadings, motions and court orders. To see it in context, browse the motions and procedures library or the Learn the Law topics.

Read the source: Preponderance of the evidence.

How to research the term

To research clear and convincing evidence, begin with the rule, statute or contract where the word is used. Each one can give it a slightly different meaning. Then compare that text with how courts in your area have applied it. Also check the local rules of your court, since they can add requirements. If your case is in state court, the state rules control. So start with our state procedures guide to find them. In the end, always confirm that the source you rely on is current.

You can read the current federal court rules online for free.

Related legal terms

• Civiliter mortuus: latin for "civilly dead." Black's Law Dictionary (2d ed. 1910) defines it as "Civilly dead; dead in the view of the law." It describes a living person who is in a state of civil death, meaning the law treats him or her as dead for purposes of civil rights. See civil death.
• Claim: a demand for relief based on a legal right. In a lawsuit, a claim is a statement of the facts and legal basis on which a party seeks relief. Under Federal Rule of Civil Procedure 8(a), a pleading that states a claim must contain a short and plain statement of the claim showing that the pleader is entitled to relief.
• Class action: a lawsuit in which one or more people sue or are sued as representatives of a larger group.
• Clean hands: the equitable principle that a person who has acted unfairly or in bad faith about the matter in dispute cannot obtain relief from a court of equity.

Why precise terms matter

Courts read legal terms closely. As a result, knowing the exact meaning of a word helps you follow orders, rules and filings. Each glossary entry on Lawtopolis is short on purpose and links to the pages where the term is used.