What is the standard of proof in a civil lawsuit?

The standard of proof in most civil lawsuits is the preponderance of the evidence.

This standard asks the party with the burden of proof to show that a claim is more likely true than not true. It is often described as tipping the scales slightly past 50 percent, though courts do not literally assign a numerical probability in every case.

In a typical civil lawsuit, the plaintiff must prove each required element of the legal claim. For negligence, for example, that may include a duty, breach, causation, and damages. If the evidence leaves the fact-finder equally balanced, the party bearing the burden has not established the claim by a preponderance.

The standard is lower than beyond a reasonable doubt, which is associated with criminal convictions. Clear and convincing evidence is an intermediate, more demanding standard used for some civil issues, including certain fraud, family-law, or constitutional matters depending on the jurisdiction. The applicable standard can therefore vary by claim, statute, or remedy, but preponderance remains the ordinary civil default in the United States.