Divorce Dex.com: Clear and Convincing Evidence

Definition Clear and Convincing Evidence - a standard of proof in a civil case, refers to the difficulty faced by a litigant in prove his or her case.

Application in Divorce Not as high as the burden in a criminal case, which is beyond a reasonable doubt. This burden requires "a firm belief" or "reasonable certainty" of the truth of claimant’s allegations in the mind of a judge or jury. As such it is a middle ground, below reasonable doubt and above preponderance of evidence.

This is the standard required to set aside a prenuptial or antenuptial agreement.

See also Preponderance of Evidence, Reasonable Doubt.

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When is the "clear and convincing evidence" standard used?

"Clear and convincing evidence" is used in a case in which a very important interest could be lost or is at stake. For example, the "clear and convincing evidence" standard is used in a hearing for the termination of parental rights. The state has determined that the loss of the right to be a parent is so important that it needs a higher standard than just "preponderance of the evidence," but it is not so important that it needs the "beyond a reasonable doubt" standard, as would be required if a person’s life or freedom were at stake, as in a criminal case.

Contributed on 9/10/2007 by: Divorce Source, Inc.Allentown, PA[Total Submissions: 60]

Category: Court Proceedings (Applicable in All States)

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Recorded Evidence
In Texas it is legal to submit tape recorded conversations as evidence. The evidence generally falls under the exception to hearsay as a statement against interest and the key to the admissibility of the evidence and the legality of the recording is that the person recording the conversation actually be a party to the conversation. Without the direct nexus between the recorder and conversation participant, the recording could be considered hearsay.

Contributed on 8/5/2009 by: Selesky Law FirmHouston, TX[Total Submissions: 1]
Category: Court Proceedings (Applicable in Texas)

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