Section 5.17 Preponderance of Evidence

• Library: Evidence 2017

XIII. (§5.17) Preponderance of Evidence

General Rule: All that is required in a civil action is that the party with the burden of proof establish that party’s case by a preponderance of the evidence or the greater weight of the credible evidence.

“‘Preponderance of the evidence’ is defined as that degree of evidence that ‘is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows the fact to be proved to be more probable than not.’” Suhr v. Okorn, 83 S.W.3d 119, 121 (Mo. App. W.D. 2002) (quoting State Bd. of Nursing v. Berry, 32 S.W.3d 638, 642 (Mo. App. W.D. 2000)).

In Suhr, the plaintiff failed to prove by a preponderance of the evidence that her former husband was stalking her, as would be required...