Clear and Convincing
Evidence is a high level of proof. It is employed intra-adjudicatively in Administrative Court determinations, as well as in civil and certain criminal procedure in the United States. This standard is used in many types of equity cases, including paternity, PINS, juvenile delinquency, child custody, the probate of both wills and living wills, and petitions.
Clear and convincing proof means that the
Evidence presented by a party during the trial
must be highly and substantially more probable to be true than not and the trier of fact must have a firm belief or conviction in its factuality.
This standard is also known as "Clear and Convincing
Evidence"; "Clear, Convincing, and Satisfactory
Evidence"; "Clear, Cognizant, and Convincing
Evidence"; and "Clear, Unequivocal, Satisfactory, and Convincing
Evidence", and is applied in cases or situations involving an equitable remedy or where a presumptive civil liberty interest exists.