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This is a question for the "decider of fact." If it is a jury case, the jury must decide who to believe. In a bench trial, the judge must decide who is more credible.

This is not a question of law, but of human nature. The "decider of fact" will consider each person's demeanor, their potential motives for lying, and whether or not their story makes sense. It isn't a procedural question, but the same as any other situation where you must decide which person is telling the truth. The decider typically won't pinpoint anything specific, but will simply feel that they believe one or the other.

Unlike a criminal case where the criteria is "guilt beyond a reasonable doubt," the rule in civil cases is only "the preponderance of the evidence."

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Q: Who will be believed in a he said she said civil case?
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