What is the standard of proof for a civil case?

The standard of proof for a civil case in Delaware is preponderance of evidence. This is a lower standard than the standard of proof for a criminal case. In a civil case, the court may decide in favor of the plaintiff if the evidence presented shows that it is "more probably true than not true" that the defendant is liable for damages. A preponderance of evidence consists of supporting evidence that more than outweighs the opposing evidence. This could include testimony from eyewitnesses as well as documents such as contracts, emails, and other correspondence. The court will weigh all evidence, both for and against the defendant, to determine which side has the greater weight of evidence. In Delaware, all civil cases must be proved by a preponderance of evidence. The court is not required to consider any evidence that is not relevant, material, or reliable. This standard of proof gives the court more leeway to determine which side of the dispute is more likely to be correct. The court must consider all evidence that is presented in order to reach a decision.

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