Section 33 Proof

• Library: Remedies 2006

The burden of proof is on the party seeking reformation to show by clear and convincing evidence, which leaves no room for reasonable doubt, that the written instrument did not reflect the true agreement of the parties. Am. Family Mut. Ins. Co. v. Bach, 471 S.W.2d 474, 477 (Mo. 1971); Jenkad Enters., Inc. v. Transp. Ins., Co.,18 S.W.3d 34, 39 (Mo. App. E.D. 2000); Groh v. Ballard, 965 S.W.2d 872 (Mo. App. W.D. 1998). This standard applies to the grounds for reformation and to the terms of the true...