Not all disagreements lead to rational and private resolutions. People and businesses in New Hampshire sometimes need to take disagreements to the civil court. Issues ranging from boundary violations to contract breaches may require the intervention of the civil courts. Lawsuits can occur to protect one party from damages due to contract violations, to stop damaging conduct or to hold another party accountable for prior actions.
Judges have the authority to settle conflicts by awarding financial damages to one party, invalidating contracts or ordering one party to fulfill contractual obligations. They can also issue injunctions preventing certain activity. Yet, those contemplating a civil lawsuit have to meet a burden of proof if they hope to convince a judge to rule in their favor.
The plaintiff needs evidence supporting their claim
The burden of proof in a civil case falls not to the state but rather to the party filing the lawsuit. Simply put, they need to have adequate evidence to convince the courts that a breach of contract or similar issue actually occurred. Exactly what type of evidence someone needs to have depends in no small part on the nature of the claim that they intend to pursue and also the type of damages they intend to seek. The type of evidence necessary for a contract breach claim is vastly different than what people need in a case involving a real estate conflict.
How much evidence is necessary?
The evidentiary standard most people know applies to criminal court proceedings. They have heard that the state must have proof beyond a reasonable doubt that someone committed a crime. That is a relatively high standard to meet. Thankfully, the standard imposed in a civil case is substantially more lenient. Plaintiffs only need to show that a preponderance of the evidence supports their claim. In other words, based on the evidence available, their claim must seem more likely to be true than to be full. Put another way, half or more of the available evidence should support the plaintiff’s perspective.
Meeting the necessary evidentiary standard for civil litigation requires careful preparation. Those who learn more about the requirements for a civil lawsuit can potentially turn to the courts for relief when embroiled in a dispute.