What are the legal standards of proof in civil litigation?

In civil litigation, the legal standard of proof that must be met is determined by which court is hearing the case. In Washington, there are two standards of proof in civil litigation: preponderance of the evidence and clear, cogent, and convincing evidence. The preponderance of the evidence standard is used in most civil cases. This standard requires that the plaintiff (the one bringing the case) show that more likely than not, the facts alleged in the case are true. This is the lowest standard of proof and it is the most commonly used in civil cases. The clear, cogent, and convincing evidence standard is a higher standard than preponderance of the evidence. In order to meet this standard, the plaintiff must prove that the facts as presented are substantially more likely to be true than not. In certain cases, such as civil fraud cases or cases involving the rights of minors, a higher standard of proof may be used. This standard, known as the "beyond a reasonable doubt" standard, is the same standard that is used in criminal cases. It is the highest standard of proof and requires the plaintiff to prove that the facts as presented are highly likely to be true. In summary, the standards of proof used in civil litigation depend on the type of case and the court in which it is being heard. In Washington, the standards range from the lowest – preponderance of the evidence – to the highest – beyond a reasonable doubt.

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