What is the standard of proof in defamation cases?

The standard of proof in defamation cases in North Carolina is termed “clear and convincing evidence”. This is a legal standard of proof meaning that the party has to show a greater degree of persuasion than simply “preponderance of the evidence” (more likely than not) which is the standard of proof in most civil cases. Clear and convincing evidence is defined as the amount of proof that will produce a firm belief or conviction about the truth of the facts in the mind of a reasonable person. This standard of proof makes it more difficult for the plaintiff to win a defamation case than in other civil cases. The plaintiff must present evidence that is more than simply a preponderance of the evidence. This standard of proof also requires defendants to prove their truthfulness. In a defamation case, a defendant must show that the statements they made were true, and not simply their opinion. The burden of proof is on the defendant to show that their statement is true and not simply based off of their opinion. Overall, the standard of proof for defamation cases in North Carolina is considered to be a higher burden of proof than other civil cases. Plaintiffs must provide clear and convincing evidence to prove that the false statement was made with malicious intent or that the statement caused them harm, while the defendants must prove their statements are true.

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What is the standard of proof in defamation cases?

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