What standard of evidence is required in civil cases in Utah?

In civil cases in Utah, the standard of evidence required is the preponderance of the evidence. This standard means that the evidence presented by one party must be more convincing than the evidence presented by the other party. In practical terms, it establishes that it is more likely than not that the facts presented by the party with the burden of proof are true.

This standard is generally lower than the standard of beyond a reasonable doubt, which is used in criminal cases and requires a much higher level of certainty. Clear and convincing evidence is also a higher standard than preponderance and is used in specific civil cases where the law calls for it, such as cases involving the termination of parental rights or certain fraud claims. Substantial evidence is a term typically associated with administrative law and judicial review of agency decisions, not direct measures of evidence in civil litigation.

The use of the preponderance of the evidence standard allows for a more accessible process in civil disputes, ensuring that the burden of proof can be met more easily compared to the requirements in criminal matters.