What is the standard of proof in business litigation cases?

In Massachusetts, the standard of proof in business litigation cases is "preponderance of the evidence," which is the same as "more likely than not." This standard requires the party trying to prove the case to present enough evidence to show that its version of the facts and events is more likely true than not. This is the least strict of the three standards of proof used in the court system. The other two standards, "clear and convincing evidence" and "beyond a reasonable doubt," are much higher standards and are only used in criminal cases. Clear and convincing evidence requires the party to present evidence that it is highly probable that the facts and events taking place are true. Beyond a reasonable doubt goes even further, requiring proof of near certainty that what the party is trying to prove is true. In a business litigation case, the standard of proof is preponderance of the evidence. This means that the court must be convinced that, from the available evidence, it is more likely that the facts and events presented by the party are true than not true. If the evidence presented is not sufficient to meet this standard, the court may not find in favor of the party.

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What is the standard of proof in business litigation cases?

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