• 2002 - Burden of Proof - Clear and Convincing Evidence
  • C-1.41
    • Burden Of Proof
    • Clear And Convincing Evidence
    • Introductory Instructions
    • Introductory Instructions

  • The [Plaintiff] has the burden of proving by clear and convincing evidence all the facts necessary to establish:

     

    [Insert Claim]

     

    Clear and convincing evidence means that the evidence leads you to a firm belief or conviction that the allegations are true. This is a higher standard of proof than proof by the greater weight of the evidence. The evidence presented need not be undisputed to be clear and convincing.

    • In re Estate of Stanton, 472 NW2d 741 (ND 1991)
    • Pritchett v. Executive Director of Social Serv. Bd., 325 NW2d 217 (ND 1982)
    • State v. Schneider, 550 NW2d 405 (ND 1996)
    • Stoner v. Nash Finch, Inc., 446 NW2d 747 (ND 1989)
    • Zander v. Workforce Safety and Ins., 2003 ND 194,
    • Zundel v. Zundel, 278 NW2d 123 (ND 1979)
  • Notes: (2004 - reviewed with no changes)