General Provisions

215

Rule 116: Standard of Proof.

In any hearing in which the standard of proof is not expressly designated by statute or rule, the standard of proof shall be preponderance of the evidence.

Advisory Commission Comments.

Most hearings in juvenile court apply an appropriate standard of proof found in statute or rule. However, the standard of proof in some hearings is not expressly stated. For example, the rule governing competency hearings does not designate a specific standard of proof. Other examples would be court approval of pretrial diversion under these rules or hearings to terminate home placement under T.C.A. § 37-1-137(e). In any such hearing, and in the absence of appellate court guidance, the appropriate standard of proof to be applied by the court would be preponderance of the evidence.

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