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Highlights: [•] Examines the way in which epistemic modality is employed in civil judgments. [•] Compares how different types of epistemic modality are used in the different jurisdictions of Hong Kong and Scotland. [•] Integrates subjective appraisal and objective assessment perspectives in understanding the principle of proof. [•] Proposes an integrated framework of principle of proof and discusses a continuum of probability in law. [Copyright &y& Elsevier]