Florida Standard Jury Instructions in Civil Cases
SECTION 405— DEFAMATION

405.4 CLEAR AND CONVINCING EVIDENCE

[“Clear and convincing evidence” differs from the “greater weight of the evidence” in that it is more compelling and persuasive.] “Clear and convincing evidence” is evidence that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.

NOTE ON USE FOR 405.4

Use the first bracketed sentence if there are issues or other claims in the case that invoke the greater weight of the evidence standard.

 

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