WI · jury_instructions
Wis JI-Children 175
Burden of Proof: Middle
The burden of proof on question(s) _____ rests upon the party contending that the
answer to the question should be "yes." The burden is to convince you by evidence that is
clear, satisfactory, and convincing, to a reasonable certainty, that "yes" should be the answer
to (that) (those) question(s).
Clear, satisfactory, and convincing evidence is evidence which when weighed against
that opposed to it clearly has more convincing power. It is evidence which satisfies and
convinces you that "yes" should be the answer because of its greater weight and clear
convincing power.
"Reasonable certainty" means that you are persuaded based upon a rational
consideration of the evidence. Absolute certainty is not required, but a guess is not enough to
meet the burden of proof.
[This burden of proof is known as the "middle burden." The evidence required to meet
this burden of proof must be more convincing than merely the greater weight of the credible
evidence, but may be less than beyond a reasonable doubt.]
History
Wis JI-Children 175 (2018). ©2018, Regents, Univ. of Wis. Prepared by the Wisconsin Jury Instructions Committees of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
e1c5d5c8d25a8a361a4815046c4cce8d3a01d1179388be69adb2da75405be04c
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