02.040 Clear and Convincing Evidence

02.040 Clear and Convincing Evidence As to the issue of ____________, the plaintiff (defendant) must prove that the plaintiff (defendant) is entitled to relief by clear, convincing, and decisive evidence to a reasonable certainty. This is a different and higher burden of proof than a mere preponderance of the evidence. Yablon v. Metropolitan Life Ins. Co., 200 Ga. 693 (1946) Wall et al. v. Wood, 174 Ga. 508 (1931) Liberty National Bank and Trust Co. et al. v. Diamond, 229 Ga. 677 (1972) Freeman v. Saxton, 243 Ga. 571 (1979) (Note: For criminal trial, burden of proof requirement is "beyond a reasonable doubt.") Clear and convincing evidence is defined as evidence that will cause the jury to firmly believe each essential element of the claim to a high degree of probability. Proof by clear and convincing evidence requires a level of proof greater than a preponderance of the evidence (but less than beyond a reasonable doubt). (Give definition of reasonable doubt if appropriate.) Clarke v. Cotton, 263 Ga. 861 (1994); the special concurrence to this decision contains a variety of definitions of clear and convincing.