In Oklahoma’s legal system, not all cases are held to the same burden of proof. While criminal cases require the state to prove guilt “beyond a reasonable doubt,” most civil cases are decided using a lower standard: preponderance of the evidence. Understanding this standard is essential if you are involved in a lawsuit over contracts, property, personal injury, or other civil disputes.

Defining Preponderance of the Evidence

The phrase “preponderance of the evidence” means that one side’s evidence is more convincing and carries greater weight than the other’s. Put simply:

• If the plaintiff’s evidence makes it more likely than not that their claim is true, they have met their burden.
• If the defendant’s evidence tips the scale back, the plaintiff’s claim fails.

Unlike in criminal cases, this standard does not require eliminating all doubt—it only requires showing that the facts favor one side slightly more than the other.

Examples in Oklahoma Civil Cases

The preponderance standard is applied in most civil matters in Oklahoma, including:

• Contract disputes – such as breach of contract claims.
• Personal injury cases – where a plaintiff must prove the defendant’s negligence more likely than not caused their injuries.
• Property disputes – including quiet title actions, boundary line disagreements, or easement enforcement.
• Probate and family law matters – certain claims, like undue influence or breach of fiduciary duty, are evaluated under this standard.

How Courts Explain the Standard

Oklahoma’s Uniform Jury Instructions describe preponderance of the evidence as the greater weight of the credible evidence. Jurors are not asked to count witnesses or exhibits but to decide which side’s evidence is more persuasive, credible, and supported by reason and common sense.

Judges explain it using a scale: if the evidence tilts towards one side, that side meets the burden of proof.

Why It Matters

The standard of proof can often determine the outcome of a case. For example:

• A criminal defendant may be acquitted because the prosecution cannot prove guilt beyond a reasonable doubt.
• But the same defendant could be found liable in a related civil case, where only a preponderance of the evidence is required.

This difference is why famous cases—such as O.J. Simpson’s—resulted in acquittal in criminal court but liability in civil court.

OKC Civil Litigation Attorneys

In Oklahoma, proving a case by a preponderance of the evidence means showing that your version of events is more convincing than the other side’s. While it is a lower burden than “beyond a reasonable doubt,” it still requires presenting credible, organized, and persuasive evidence. If you’re facing legal action, our team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.