M Civ JI 117.21 Malicious Prosecution - Civil Proceeding - Burden of Proof

Plaintiff has the burden of proving:

(a) that defendant [ instituted / continued / procured ] a civil proceeding against the plaintiff.

(b) that the proceeding was terminated in favor of the plaintiff.

(c) that defendant brought or continued the proceeding without probable cause.

(d) that defendant brought or continued the proceeding with malice or a primary purpose other than that of securing the proper adjudication of the claim on which the proceeding was based.

(e) that plaintiff sustained special injury resulting in damages.

Your verdict will be for plaintiff if the plaintiff has proved all of those elements (and the defendant has failed to prove the defense of [ describe defense ]). Your verdict will be for the defendant if the plaintiff has failed to prove any one of those elements.

History

M Civ JI 117.21 was added September 1982. Amended January 2020.