Burdens of Proof: Preponderance, Clear and Convincing, Beyond a Reasonable Doubt

Preponderance of the evidence

When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.

Ninth Circuit Manual of Model Civil Jury Instructions No. 1.6

This is the standard in most civil cases. Put simply, the party with the burden must show its claim is more likely true than not.

Clear and convincing evidence

Some civil matters require more. In Addington v. Texas, 441 U.S. 418 (1979), the Court held that civil commitment to a mental hospital requires at least clear and convincing evidence, because “the standard has to inform the factfinder that the proof must be greater than the preponderance-of-the-evidence standard applicable to other categories of civil cases.” States also use this standard for matters such as fraud, terminating parental rights and some contract claims.

Beyond a reasonable doubt

… we explicitly hold that the Due Process Clause protects the accused against conviction except upon proof beyond a reasonable doubt of every fact necessary to constitute the crime with which he is charged.

In re Winship, 397 U.S. 358, 364 (1970)

This is the highest standard, used in criminal cases. In addition, the burden of producing evidence and the burden of persuasion can rest on different parties at different stages of a case.

Researching burden of proof in your state

First, find the statute or rule that governs burden of proof where you live. State law controls most of these questions, so the answer can change from one state to the next. Next, read recent decisions from the appellate courts in your state. They show how judges apply the law today. Also, check the local rules of the court that would hear your case. Our state procedures guide links to each state’s official rules. In addition, the Research Center explains how to confirm a source is still good law.

Sources and further reading

Official sources used on this page:

• static.case.law
• static.case.law
• ce9.uscourts.gov

Related reading on Lawtopolis:

• Relevance and the Federal Rules of Evidence: Rules 401, 402 and 403
• The Hearsay Rule and Its Exceptions