State v. Addington, 588 S.W.2d 569 (Tex. 1979). · Go Syfert
State v. Addington, 588 S.W.2d 569 (Tex. 1979). Cases Citing This Book View Copy Cite
“clear and convincing evidence is defined as that measure or degree of proof that will produce in mind of the trier of fact firm belief or conviction as to truth of allegations sought to be established”
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examined Cited as authority (verbatim quote) State
Tex. App. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence high
clear and convincing evidence is defined as that measure or degree of proof that will produce in mind of the trier of fact firm belief or conviction as to truth of allegations sought to be established
discussed Cited as authority (rule) S. D. W. v. the State of Texas
txctapp3 · 2026 · confidence medium
Clear and convincing evidence is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” K.E.W., 315 S.W.3d at 20 (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam)).
cited Cited as authority (rule) In Re Guardianship of Jelitthza Lopez-Reta v. the State of Texas
txctapp8 · 2026 · confidence medium
In re G.M., 596 S.W.2d 846, 847 (Tex. 1980); State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
cited Cited as authority (rule) In the Interest of B. D. Z.; P. Jr. AKA B. M., a Child v. Department of Family and Protective Services
Tex. App. · 2025 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
discussed Cited as authority (rule) In the Interest of V.A. and L.A., Children v. the State of Texas
Tex. App. · 2025 · confidence medium
Relating to whether evidence “is capable of producing a firm belief or conviction,” the court has referred to two cases: first, Santosky v. Kramer, 455 U.S. 745, 769 (1982), wherein the United States Supreme Court held that the clear and convincing standard should “convey[] to the factfinder the level of subjective certainty about his factual conclusions necessary to satisfy due process;” then, to its own opinion in State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979), wherein it held the clear and convincing standard is “that measure or degree of proof which will produce -2- 04-25-00…
cited Cited as authority (rule) The State of Texas for the Best Interest and Protection of L.S. Jr. v. the State of Texas
Tex. App. · 2025 · confidence medium
T.M., 362 S.W.3d 850 , 851–852 (Tex. App.—Dallas 2012, no pet.) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam)).
discussed Cited as authority (rule) Christine Lenore Stary v. Brady Neal Ethridge
Tex. · 2025 · confidence medium
App. P. 33.1. 28 G.M., 596 S.W.2d at 847 (quoting Addington v. Texas, 441 U.S. 418, 423 (1979)). 29 Id. (quoting Addington, 441 U.S. at 424 ). 30 State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979). 31 596 S.W.2d at 847 . 12 substantial than a preponderance of the evidence.” 32 The Legislature later incorporated this standard into the Family Code. 33 To determine whether this heightened standard should extend to protective orders prohibiting a parent’s contact with her children for more than two years, we consider: (1) “the private interests affected by the proceeding;” (2) “the risk…
cited Cited as authority (rule) Granbury SNF LLC D/B/A Granbury Rehab & Nursing, Advanced HCS LLC D/B/A Advanced Healthcare Solutions, and Granbury Rehab & Nursing GS LLC v. Natalie Jackson
Tex. App. · 2025 · confidence medium
In re G.M., 596 S.W.2d 846, 847 (Tex. 1980); State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
cited Cited as authority (rule) In the Interest of J. L. Jr., a Child v. Department of Family and Protective Services
Tex. App. · 2025 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
cited Cited as authority (rule) In the Interest of D.P., an Adult v. the State of Texas
Tex. App. · 2024 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
discussed Cited as authority (rule) Estate of Jesse Odis Matlock, III v. the State of Texas
Tex. App. · 2024 · confidence medium
“Clear and convincing evidence is ‘that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.’” State v. K .E.W., 315 S.W.3d 16, 20 (Tex. 2010) (citing State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam)); see also In re J.F.C., 96 S.W.3d at 264–66 (discussing legal and factual sufficiency review when clear and convincing standard of proof); In re Wallace, 2013 WL 4817740 , at *5 (applying clear and convincing legal and factual sufficiency analysis in heirshi…
cited Cited as authority (rule) In the Interest of M. Children v. Department of Family and Protective Services
Tex. App. · 2024 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
cited Cited as authority (rule) Natasha Sloan v. Jason Sloan
Tex. App. · 2024 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979); Chi Hua Lee, 2019 WL 3024478 , at *4. 15 Teneyck, 2023 WL 5615873 , at *7 (citing Tex. Fam.
cited Cited as authority (rule) In the Interest of S. R., a Child v. the State of Texas
Tex. App. · 2024 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979); In re A.B.B., 482 S.W.3d 135, 139 (Tex. App.—El Paso 2015, pet. dism’d w.o.j.).
discussed Cited as authority (rule) In the Interest of S.R.S., a Child v. the State of Texas
Tex. App. · 2024 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979); In re A.B.B., 482 S.W.3d 135, 139 (Tex. App.—El Paso 2015, pet. dism’d w.o.j.) A single ground under Texas Family Code § 161.001(b)(1)(A)–(V) is sufficient to uphold termination of a parent’s rights.
discussed Cited as authority (rule) The State of Texas for the Best Interest and Protection of A. R. C. v. the State of Texas
Tex. App. · 2024 · confidence medium
Clear and convincing evidence is defined as “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
discussed Cited as authority (rule) Brown v. United States of America
D.S.C. · 2024 · confidence medium
In a negligence case, plaintiffs must “adduce evidence of a ‘reasonable medical probability’ or ‘reasonable probability’” that the defendants’ negligence caused their injury—that is, it must be “‘more likely than not’ that the ultimate harm or condition resulted from such negligence.”2 Bustamante, 529 S.W.3d 1 The preponderance of the evidence means “the greater weight of the credible evidence.” Murff v. Pass, 249 S.W.3d 407 , 409 n.1 (Tex. 2008) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)). 2 The Fifth Circuit has noted that the medical malpractice…
discussed Cited as authority (rule) In Re: Harley David Belew v. the State of Texas
Tex. App. · 2024 · confidence medium
Tomasic v. Cahill, 567 P.2d 1329 , 1330–31 (Kan. 1977) (decision by three judge pane)l; In re Laughlin, 265 S.W.2d 805, 809 (Tex. 1954) (finding by special master after taking evidence); In re C.H., 89 S.W.3d 17, 19 (Tex. 2002) (jury findings challenged); In re G.M., 596 S.W.2d 846 (Tex. 1980) (bench trial findings challenged); State v. Addington, 588 S.W.2d 569, 569 (Tex. 1979) (per curiam) (jury findings challenged). 16 to show that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.
cited Cited as authority (rule) The State of Texas for the Best Interest and Protection of G. H. v. the State of Texas
Tex. App. · 2023 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
cited Cited as authority (rule) The State of Texas for the Best Interest and Protection of D. B. v. the State of Texas
Tex. App. · 2023 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
cited Cited as authority (rule) The State of Texas for the Best Interest and Protection of A. D. S. v. the State of Texas
Tex. App. · 2023 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
cited Cited as authority (rule) The State of Texas for the Best Interest and Protection of D. B. v. the State of Texas
Tex. App. · 2023 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
cited Cited as authority (rule) the State of Texas for the Best Interest and Protection of C.G.
Tex. App. · 2022 · confidence medium
T.M., 362 S.W.3d 850 , 851–852 (Tex. App.—Dallas 2012, no pet.) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam)).
discussed Cited as authority (rule) in the Interest and Protection of L.L.
Tex. App. · 2022 · confidence medium
Clear and convincing evidence is “that measure or degree of proof which –8– will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
discussed Cited as authority (rule) A. M. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
The clear-and-convincing-evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) J. M. and R. A. G. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
The clear and convincing standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see also Tex. Fam.
discussed Cited as authority (rule) M. P. A/K/A M. D., J. J. L.-B., and C. J. L. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see also Tex. Fam.
discussed Cited as authority (rule) R. J. and A. D. M. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
The clear and convincing evidence standard is “that measure or degree of 6 proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
cited Cited as authority (rule) Ex Parte Cecil Adickes
Tex. App. · 2022 · confidence medium
Rodriquez v. State, 525 S.W.3d 734, 739 (Tex. App.—Houston [14th Dist.] 2017, no pet.) (citing State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam)).
discussed Cited as authority (rule) Ries v. Archer
Bankr. N.D. Tex. · 2022 · confidence medium
“Clear and convincing evidence is defined as that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979). 17.
discussed Cited as authority (rule) R. J. and A. D. M. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
cited Cited as authority (rule) in the Interest of H.D.D.B, a Child
Tex. App. · 2022 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
discussed Cited as authority (rule) R. C. C. and N. T. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) Dennis Alan Eichhorn v. Sarah Eichhorn
Tex. App. · 2022 · confidence medium
State 1 Dennis does not challenge the factual sufficiency of the evidence supporting the trial court’s separate-property finding. 3 v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam); see also In re Marriage of Everse, 440 S.W.3d 749, 751 (Tex. App.—Amarillo 2013, no pet.).
discussed Cited as authority (rule) Y. G. v. Texas Department of Family and Protective Services
Tex. App. · 2022 · confidence medium
Code § 161.001(b)(1)(F). 9 proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
cited Cited as authority (rule) in the Interest of B.H. Child v. Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
cited Cited as authority (rule) in the Interest of K.B.D., a Child
Tex. App. · 2021 · confidence medium
Page 4 to the truth of the allegations sought to be established.” In re G.M., 596 S.W.2d 846, 847 (Tex. 1980) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam)).
discussed Cited as authority (rule) A. W. v. Texas Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) J. M. v. Texas Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) E. E. v. Texas Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) R. P. and M. J. v. Texas Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) Carlos Omar Villanueva v. the State of Texas
Tex. App. · 2021 · confidence medium
App. 2014) (Price, J., concurring) (“Clear and convincing evidence is defined as that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.”); State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
cited Cited as authority (rule) in the Interest of T. L. B., A. J. and L. J. v. Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979).
discussed Cited as authority (rule) in the Interest of B.J.B. and J.D.D., Children
Tex. App. · 2021 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979). 4 In this case, the trial court found evidence of four predicate grounds supporting termination of A.T.’s parental rights and that termination of her rights was in the children’s best interest.
discussed Cited as authority (rule) C. A. C. v. Texas Department of Family and Protective Services
Tex. App. · 2021 · confidence medium
The clear and convincing evidence standard is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” In re C.H., 89 S.W.3d 17, 23 (Tex. 8 2002) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)); see Tex. Fam.
discussed Cited as authority (rule) in the Best Interest and Protection of K.G.
Tex. App. · 2021 · confidence medium
Clear and convincing evidence is “that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.” State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
cited Cited as authority (rule) in the Interest of A.J.F., a Child
Tex. App. · 2021 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979). 3 support the trial court’s finding that statutory grounds supporting termination exist and termination is in A.J.F.’s best interest.
discussed Cited as authority (rule) in Re Commitment of Jeffery Lee Stoddard
Tex. · 2020 · confidence medium
Id. 10 Clear and convincing evidence is a “‘degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established.’” C.H., 89 S.W.3d at 23 (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)). 12 By contrast, a factual-sufficiency review is premised on consideration of the entire record.
cited Cited as authority (rule) in the Guardianship of N.P., an Incapacitated Person
Tex. App. · 2020 · confidence medium
Co. v. Moriel, 879 S.W.2d 10, 31 (Tex. 1994) (quoting State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979)).
cited Cited as authority (rule) State
Tex. App. · 2020 · confidence medium
State v. Addington, 588 S.W.2d 569, 570 (Tex. 1979) (per curiam).
The STATE of Texas, Petitioner,
v.
Frank O’Neal ADDINGTON, Respondent
B-6597.
Texas Supreme Court.
Oct 3, 1979.
588 S.W.2d 569
James F. Hury, Dist. Atty., Gerald Burks, Asst. Dist. Atty., Galveston, for petitioner., Martha L. Boston, Austin, for respondent.
Per Curiam.
Cited by 655 opinions  |  Published
PER CURIAM.

This case involves the determination of the proper standard of proof to be employed to indefinitely commit an individual under the Texas Mental Health Code, Tex.Rev. Civ.Stat.Ann. art. 5547-1, et seq. We hold that the State must prove its case by clear and convincing evidence. The judgment of the court of civil appeals is reversed and the judgment of the trial court is affirmed.

The State of Texas filed a petition in the probate court to have Frank O’Neal Add-ington indefinitely committed to a mental hospital. The probate court submitted the case on special issues, and the jury found by “clear, unequivocal and convincing evidence” that Addington was mentally ill and that he required hospitalization in a hospital for his own welfare and the protection of others. Addington was accordingly committed to the Austin State Hospital.

On appeal the court of civil appeals reversed the judgment of the probate court and remanded the cause for trial. It held that the proper standard of proof was “beyond a reasonable doubt.” 546 S.W.2d 105.

We granted the State’s application for writ of error and reversed the court of civil appeals. We held that “preponderance of the evidence” was the proper standard in civil commitment cases. We further held that the “clear, unequivocal and convincing evidence” instruction submitted by the probate court was also erroneous, but concluded that it was harmless error as to Adding-ton since he had been committed under a standard stricter than required by law. Accordingly, the judgment of the probate court was affirmed. 557 S.W.2d 511.

[*570] Addington then filed an appeal with the Supreme Court of the United States, and that court noted probable jurisdiction. 435 U.S. 967, 99 S.Ct. 1804, 60 L.Ed.2d 323. Vacating the judgment of this court, it held that due process required a stricter standard than the preponderance standard. The court noted that it was not constitutionally necessary to apply the “unequivocal” standard or the “reasonable doubt” standard. However, the fourteenth amendment required the employment of a standard equivalent to or greater than the “clear and convincing evidence” standard in order to commit an individual involuntarily for an indefinite period to a state mental hospital. The case was remanded to this court to determine and define the precise burden to be assumed by the State. 435 U.S. 967, 99 S.Ct. 1804, 60 L.Ed.2d 323.

At this time we adopt the “clear and convincing evidence” standard of proof. It shall henceforth be employed in those civil proceedings brought under state law to commit an individual for an indefinite period to a state mental hospital. Clear and convincing evidence is defined as that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegations sought to be established. This is an intermediate standard, falling between the preponderance standard of ordinary civil proceedings and the reasonable doubt standard of criminal proceedings. While the state’s proof must weigh heavier than merely the greater weight of the credible evidence, there is no requirement that the evidence be unequivocal or undisputed. Hobson v. Eaton, 399 F.2d 781, 784 n. 2 (6th Cir. 1968); Germann v. Matriss, 104 N.J.Super. 466, 250 A.2d 424, 426 (App.Div.1968); Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118, 123 (1954); In re Estate of Soeder, 7 Ohio App.2d 271, 220 N.E.2d 547, 574 (1966); Brown v. Warner, 78 S.D. 647, 107 N.W.2d 1, 4 (1961); Fred C. Walker Agency, Inc. v. Lucas, 215 Va. 535, 211 S.E.2d 88, 92 (1975).

Since the jury found Addington to be mentally ill under the stricter “clear, unequivocal and convincing” standard, the instruction given does not constitute harmful error. The previous opinion of this court is withdrawn and the judgment of the trial court is affirmed pursuant to Texas Rules Civil Procedure 483.