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3.2-2  Clear and Convincing Evidence

Revised to January 1, 2008

Now an accusation of <state cause of action> is serious, and, therefore, the law applies a higher standard of proof than is employed ordinarily in civil cases.  The party making such a claim has the burden of proving it by clear and convincing evidence which is a more exacting standard than proof by a preponderance of the evidence as I have previously defined that standard to you in regard to other claims in this case.

Thus, a party cannot meet the burden of establishing <state cause of action> by simply producing evidence which is slightly more persuasive than that opposed to it, which would meet the burden of proof under the preponderance of evidence standard.  Instead, the party must produce clear and convincing evidence which is evidence that is substantial and that unequivocally establishes the elements of <state cause of action>, which I shall shortly explain to you.  Clear and convincing evidence is evidence that establishes for you a very high probability that the facts asserted are true or exist.

Authority

Cadle Co. v. D'Addario, 268 Conn. 441, 455 (2004); Correia v. Rowland, 263 Conn. 453, 475 n.22  (2003); Holbrook v. Casazza, 204 Conn. 336, 358 (1987), cert. denied, 484 U.S. 1006, 108 S. Ct. 699, 98 L. Ed. 2d 651 (1988); Lopinto v. Haines, 185 Conn. 527, 534 (1981); Clark v. Drska, 1 Conn. App. 481, 485-87 (1984).