What is the civil standard of proof in New York trial court?

• A. Preponderance of the Evidence
• B. Beyond a Reasonable Doubt
• C. Clear and Convincing Evidence
• D. Probable Cause

Answer: (A)

In civil cases in New York trial courts, the burden of proof is by a preponderance of the evidence. This means the party asserting a claim must persuade the factfinder that the claimed facts are more likely true than not—essentially tipping the scales slightly in their favor, even if only a little.

This standard is lower than the criminal standard, which is beyond a reasonable doubt and requires near certainty of guilt. It is also lower than the higher civil standard of clear and convincing evidence, which is used only in specific civil situations and indicates a heightened level of certainty but not absolute proof. Probable cause isn’t a civil-trial proof standard at all; it’s a standard used to determine whether there was a reasonable basis for actions like arrests or warrants.

So the best fit for the civil standard of proof in a New York trial court is the preponderance of the evidence: more likely true than not.