It is difficult to overstate the significant of credible evidence in Court. Even if you have undisputed evidence, you can still lose on a claim if the judge or jury simply does not find it credible or believable. Therefore, there are two components to proving a claim or contention: (1) the burden to produce evidence and the (2) burden to persuade or convince the court as fact-finder that something is true. Nicholson v. Surrey Vacation Resorts, Inc., 463 S.W.3d 358, 369 (Mo. Ct. App. 2015).
In other words, credible, believable and uncontradicted proof may not prove a contested issue fo the judge’s or jury’s satisfation. It is not enough to prove a submissible case that meets all of the elements of a claim. The party must, instead, convince the jury or jury to view the facts favorably to that party. The fact-finder decides when evidence provdes an element of the claim. Black River Elec. Coop. v. Peoples Comty, 466 S.W.3d 638, 640 (Mo. Ct. App. 2015).