Complaint False Imprisonment With Case Law In Pima
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FAQ
The burden of proof in a malicious prosecution case is “a preponderance of the evidence,” which means that the evidence must show it is more likely than not that the defendant maliciously filed the unfounded lawsuit or criminal charges against you.
Actions that may appear malicious could have legitimate explanations, making it difficult for prosecutors to prove beyond a reasonable doubt that the defendant acted with criminal intent.
Generally, your Summons and Complaint must be served within 90 days after you file the Complaint.
Malicious prosecution is the filing of a lawsuit for an improper purpose, and without grounds or probable cause. The improper lawsuit may either be civil or criminal in nature. To remedy an act of malicious prosecution, an alleged victim files a malicious prosecution action.
It can be difficult to win a malicious prosecution lawsuit based on a criminal case. To prevail, the plaintiff must prove four elements by a preponderance of the evidence.
Malicious prosecution is the filing of a lawsuit for an improper purpose, and without grounds or probable cause. The improper lawsuit may either be civil or criminal in nature. To remedy an act of malicious prosecution, an alleged victim files a malicious prosecution action.
