Preponderance of the evidence

What preponderance of the evidence means

In practice, you will see preponderance of the 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 preponderance of the evidence comes up

For example, the term appears in these procedures:

• Motion for Summary Judgment (Fed. R. Civ. P. 56): a motion asserting there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.

How to research the term

Start with the primary source. For example, if preponderance of the evidence appears in a federal rule, read the rule itself and its official notes. After that, check your court’s local rules and any standing orders from the judge. In addition, search recent decisions from your own state or federal district. They show how courts read preponderance of the evidence in practice. Because state rules often differ, our state procedures guide links to each state’s official rules. Above all, make sure the version you read is still in force.

You can read the official rule text online for free.

Related legal terms

• Summary judgment: judgment without a trial because there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.
• Material fact: a fact that could affect the outcome of the case under the governing law.
• Genuine dispute: a real disagreement about a fact, supported by evidence, that a reasonable fact-finder could resolve either way.
• Burden of proof: the obligation to prove a fact or claim to the required standard.
• Damages: money awarded to compensate for a loss or injury.

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.