HI · jury_instructions
Haw. Civil Jury Instr. 3.6
CLEAR AND CONVINCING EVIDENCE
The plaintiff/defendant has the burden of proving certain
facts, claims or defenses by “clear and convincing evidence.”
To “prove by clear and convincing evidence” means to prove by
evidence which, in your opinion, produces a firm belief about
the truth of the allegations which the parties have presented.
It means to prove that the existence of a fact is highly
probable.
“Clear and convincing evidence” is a higher requirement of
proof than the “preponderance of the evidence” requirement, but
it is a lower requirement of proof than the “beyond a reasonable
doubt” requirement in criminal cases.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
a47e8e330b7a235dd933cd460ab97b7ed7688ae2997f0df961cd82cc99d6d54f
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