Great Definition of Clear and Convincing

This is in a footnote in the BAP opinion in Emmert v. Taggart (In re Taggart), 548 B.R. 275 (9th Cir. BAP April 2016)(Jury J.) 

“The clear and convincing evidence standard requires the moving party to ‘place in the ultimate factfinder an abiding conviction that the truth of its factual contentions are ‘highly probable.’ Colorado v. New Mexico, 467 U.S. 310, 316 (1984).  Factual contentions are highly probable if the evidence offered in support of them ‘instantly tilt[s] the evidentiary scales in the affirmative when weighed against the evidence [the non-moving party] offered in opposition.”

 

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