Alabama Complaint for malicious prosecution

State:
Multi-State
Control #:
US-01627
Format:
Word; 
Rich Text
Instant download

Description

This is a sample Complaint against a defendant for false arrest, malicious prosecution, trespassing, slander, libel and intentional infliction of emotional distress. Adapt to fit your circumstances, including compliance with your state's procedural rules.
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FAQ

The Answer and Counterclaim must be filed with the clerk and with the plaintiff within 14 days from the date the original Statement of Claim was served on you. 3. BE AS BRIEF AS POSSIBLE, but include every important name, date, and place.

Insofar as the motion to strike, sanctioned by Rule 12(f), is used to rid the pleading of redundant, immaterial, impertinent or scandalous matter, it is similar to the motion to strike under present Alabama practice.

Rule 3. Commencement of action. (a) Filing the complaint. A civil action is commenced by filing a complaint with the court.

R. F. The defendant shall file an answer in the office of the clerk within 14 days after a copy of the summons and complaint has been delivered to the defendant by the sheriff, constable, or other process server or by certified mail or commercial carrier.

Alabama Answer Deadline The answer deadline is 14 days for District or Small Claims Court cases, or 30 days for Circuit Court cases.

Malicious prosecution occurs when someone sues you or brings criminal charges against you without probable cause and with harmful intent. Examples could include someone providing false evidence to the police that you committed a crime or someone suing you for hurting them even if you never caused them harm.

Evidence to support a malicious prosecution claim can include photographs, witness statements, legal records related to the first claim and expert testimony.

Malicious prosecution This is a violation of a person's civil rights to liberty and due process under the Fourteenth Amendment. Essentially, malicious prosecution is a baseless accusation brought against someone in order to harass or intimidate them ? an arrest without probable cause.

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Alabama Complaint for malicious prosecution