WPI 21.01 Meaning of Burden of Proof—Preponderance of the Evidence
6 WAPRAC WPI 21.01Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 21.01 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part III. Issues—Burden of Proof
Chapter 21. Burden of Proof
WPI 21.01 Meaning of Burden of Proof—Preponderance of the Evidence
When it is said that a party has the burden of proof on any proposition, or that any proposition must be proved by a preponderance of the evidence, or the expression “if you find” is used, it means that you must be persuaded, considering all the evidence in the case [bearing on the question], that the proposition on which that party has the burden of proof is more probably true than not true.
NOTE ON USE
This instruction should be given in every case in which the burden of proof is preponderance of the evidence. This is true even though the only issue in the case is the amount of damages. The bracketed material should be used if limited purpose testimony has been introduced or if any propositions require a certain type of evidence for proof, as in malpractice cases. See WPI 1.06 (Evidence for Limited Purpose).
For a fraud case, or for any case in which the burden of proof is by clear, cogent and convincing evidence, see WPI 160.02 (Fraud—Burden of Proof), or WPI 160.03 (Fraud—Burden of Proof—Combined with Preponderance of Evidence).
COMMENT
The “more probably true than not true” definition set forth in this instruction is generally accepted. See, e.g., Mohr v. Grant, 153 Wn.2d 812, 822, 108 P.3d 768 (2005).
In Anderson v. Akzo Nobel Coatings, Inc., 172 Wn.2d 593, 608, 260 P.3d 857, 865 (2011), the court equated preponderance of the evidence or more likely than not with “more than 50 percent.”
[Current as of September 2018.]
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