What is the burden of proof for civil fraud?

In West Virginia, the burden of proof for civil fraud is “clear and convincing” evidence. This means that a plaintiff must prove that their claim of fraud is more likely true than not. The degree of proof is higher than “preponderance of the evidence” but lower than “beyond a reasonable doubt.” Preponderance of the evidence is the standard of proof used in most civil cases, while beyond a reasonable doubt is reserved for criminal cases. In civil fraud cases, clear and convincing evidence requires that a plaintiff not only prove that it is more likely that the defendant committed fraud, but also demonstrate that the defendant’s conduct was willful and intentional. This means that a plaintiff must provide proof that the defendant acted with the intent to deceive or defraud. The evidence must also be more than a mere suspicion, speculation, or conjecture. In West Virginia, clear and convincing evidence is also known as “legal certainty.” This means that the plaintiff must prove their case to a “level of satisfaction which the law will recognize as sufficient to base a judgment” and that the evidence must give rise to an “ineluctable inference” that the defendant committed fraud. This means that the evidence must be strong enough to lead a reasonable person to the conclusion that the defendant committed fraud.

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What is the burden of proof for civil fraud?

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