What is the test for clear and convincing evidence in a civil case?

federal, United States of America

The following excerpt is from Deed & Note Traders, L.L.C. v. America's Servicing Co. (In re Deed & Note Traders, L.L.C.), BAP No. AZ-17-1055-KuBL (B.A.P. 9th Cir. 2018):

In addition, under the clear and convincing standard, the evidence must create a conviction that the factual contention is "highly probable." Colorado v. New Mexico, 467 U.S. 310, 316 (1984); United States v. Jordan, 256 F.3d 922, 930 (9th Cir. 2001) ("[C]lear and convincing evidence 'indicat[es] that the thing to be proved is highly probable or reasonably certain. This is a greater burden than preponderance of the evidence, . . . but less than evidence beyond a reasonable doubt.'".).

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