1.4 BURDEN OF PROOF—CLEAR AND CONVINCING EVIDENCE
When a party has the burden of proving any claim or defense by clear and convincing evidence, it means that the party must present evidence that leaves you with a firm belief or conviction that it is highly probable that the factual contentions of the claim or defense are true. This is a higher standard of proof than proof by a preponderance of the evidence, but it does not require proof beyond a reasonable doubt.
See Colorado v. New Mexico, 467 U.S. 310, 316 (1984) (defining clear and convincing evidence). See also Sophanthavong v. Palmateer, 378 F.3d 859, 866 (9th Cir.2004) (citing Colorado).