What is the standard of proof in a civil trial?
In Washington, the standard of proof in a civil trial is a preponderance of the evidence, meaning that the plaintiff (the party bringing the lawsuit) must prove that it is more likely than not that their version of events is true. This is a lower burden of proof than what is required in criminal cases, which generally requires a defendant to be found guilty beyond a reasonable doubt. The preponderance of evidence standard means that the plaintiff must prove that it is “more likely than not” that their version of events is true. This means that the judge or jury must find that the evidence presented was at least 51% likely to have happened. For example, if a plaintiff is suing a defendant for drug possession, they only need to prove that it is more likely than not that the defendant did, in fact, possess the drug in question. A higher standard of proof is required for drug-related crimes than other civil cases. This is because drug-related crimes often carry a greater risk of harm and the consequences for a conviction can be much more serious than in other civil matters. The Washington State Supreme Court has determined that the higher standard of proof is necessary in these cases in order to protect defendants from the risk of wrongful convictions. Overall, the standard of proof in a civil trial in Washington is a preponderance of evidence, meaning that the plaintiff must prove that the events alleged are more likely than not to have happened. This is a lower burden of proof than what is typically required for criminal proceedings, which generally requires a defendant to be found guilty beyond a reasonable doubt.
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