What is the standard of proof for a civil case?

In Washington, the standard of proof for a civil case is the “preponderance of the evidence.” This means that one party must prove that their case is more likely true than not. This standard is lower than in criminal court, where the standard of proof is “beyond a reasonable doubt.” In order to meet the “preponderance of the evidence” standard, a party must present evidence that is more convincing, more credible, more relevant, or more probative than the other side’s evidence. It is a standard that is based on the “balance of probabilities”—that is, the more likely something is to be true, the more likely it is that a court will find it to be true. The “preponderance of the evidence” standard is used in most civil cases in Washington and throughout the United States. It is often referred to as the “50 percent plus one” standard because in order to prevail, one party must show that it is more probable or likely that their evidence is true than not. In other words, evidence must be slightly heavier on one side than the other, with a minimum of 51 percent being on the side of the prevailing party.

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