201.Highly Probable—Clear and Convincing Proof
Certain facts must be proved by clear and convincing evidence, which is
a higher burden of proof. This means the party must persuade you that
it is highly probable that the fact is true. I will tell you speciﬁcally
which facts must be proved by clear and convincing evidence.
New September 2003; Revised October 2004, June 2015
Directions for Use
Evidence Code section 502 requires the court to instruct the jury regarding which
party bears the burden of proof on each issue and the requisite degree of proof.
This instruction should be read immediately after CACI No. 200, Obligation to
Prove—More Likely True Than Not True, if the jury will have to decide an issue by
means of the clear-and-convincing evidence standard.
Sources and Authority
• Burden of Proof. Evidence Code section 115.
• Party With Burden of Proof. Evidence Code section 500.
• “Proof by clear and convincing evidence is required ‘where particularly
important individual interests or rights are at stake,’ such as the termination of
parental rights, involuntary commitment, and deportation. However, ‘imposition
of even severe civil sanctions that do not implicate such interests has been
permitted after proof by a preponderance of the evidence.’ ” (Weiner v.
Fleischman (1991) 54 Cal.3d 476, 487 [286 Cal.Rptr. 40, 816 P.2d 892]
(quoting Herman & MacLean v. Huddleston (1983) 459 U.S. 375, 389–390).)
• “ ‘Clear and convincing’ evidence requires a ﬁnding of high probability.” (In re
Angelia P. (1981) 28 Cal.3d 908, 919 [171 Cal.Rptr. 637, 623 P.2d 198].)
• “We decline to hold that CACI No. 201 should be augmented to require that
‘the evidence must be “so clear as to leave no substantial doubt” and
“sufficiently strong as to command the unhesitating assent of every reasonable
mind.” ’ Neither In re Angelia P., supra, 28 Cal.3d 908, nor any more recent
authority mandates that augmentation, and the proposed additional language is
dangerously similar to that describing the burden of proof in criminal cases.”
(Nevarrez v. San Marino Skilled Nursing & Wellness Center (2013) 221
Cal.App.4th 102, 114 [163 Cal.Rptr.3d 874].)
1 Witkin, California Evidence (5th ed. 2012) Burden of Proof and Presumptions,
§§ 39, 40
Jefferson, California Evidence Benchbook (3d ed. 1997) §§ 45.4, 45.21
4 California Trial Guide, Unit 91, Jury Deliberations and Rendition of Verdict,