Hardin v. Savageau

LAMBERT, Justice.

The sole issue presented is whether the trial court erred in this fraud case when it included the phrase “by clear and convincing evidence” in its instructions to the jury. The Court of Appeals answered in the affirmative and reversed the judgment for a new trial. This Court granted discretionary review to consider whether it is proper in cases where substantive law requires a heightened standard of proof to include that standard in the court’s instructions to the jury. Remarkably, this issue appears to be of first impression in this jurisdiction. CR 76.20(1).

Upon an agreed…