Mississippi Complaint for Malicious Prosecution
About this form
The Complaint for Malicious Prosecution is a legal document used to initiate a lawsuit against an individual who has wrongfully subjected another party to criminal charges without probable cause. This form is specifically designed for use in Mississippi, and it allows the plaintiff to present their case in a structured format. It differs from other complaints by focusing exclusively on malicious prosecution claims, making it an essential tool for anyone who has suffered unjust legal actions that caused harm to their reputation and well-being.
Main sections of this form
- Section identifying the parties involved, including the plaintiff and defendant.
- Detailed account of the events leading to the malicious prosecution, including dates and actions taken.
- Assertion of lack of probable cause and malice in the defendant's actions.
- Specific damages suffered by the plaintiff as a result of the defendant's actions.
- Request for specific damages in terms of actual and punitive damages.
Common use cases
This form should be used when an individual has been wrongfully accused of a crime, leading to arrest and legal actions without sufficient evidence. If you have been accused of a crime that resulted in your arrest and you believe the charges were filed with malicious intent and without probable cause, this form allows you to seek legal redress. Examples include situations where false accusations were made by the defendant resulting in legal consequences for the plaintiff.
Who should use this form
Individuals eligible to use this form include:
- Anyone who has been wrongfully charged with a crime due to malicious actions of another party.
- Plaintiffs seeking to recover damages for harm caused by malicious prosecution.
- Individuals who have had criminal proceedings dismissed in their favor.
Instructions for completing this form
- Identify and enter the names and addresses of the plaintiff and defendant at the beginning of the form.
- Clearly state the facts of the case, including the date and details of the false accusations.
- Explain the circumstances that led to the plaintiff's arrest or legal actions taken against them.
- Detail the damages suffered as a result of the malicious prosecution.
- Sign the form and include the attorney's information, if applicable.
Notarization requirements for this form
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to provide complete and accurate information about all parties involved.
- Not detailing the timeline of events or the specific actions that constituted the malicious prosecution.
- Omitting the damages suffered, which is critical for establishing merit in the case.
- Leaving out required signatures or attorney information, if applicable.
Benefits of completing this form online
- Easy access to a professionally drafted legal form, minimizing errors.
- Convenient downloading and printing options for immediate use.
- Editable format allows customization to fit specific case details.
- Time-saving as compared to creating a document from scratch.
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FAQ
Prosecution by the defendant. Absence of reasonable and probable cause. Defendant acted maliciously. Termination of proceedings in the favour of the plaintiff. Plaintiff suffered damage as a result of the prosecution.
Malicious prosecution is a civil cause of action in California that you bring when a person files a frivolous claim against you; the lawsuit was filed not to win, but rather for some other purposes; and you suffered damages as a result. A claim of malicious prosecution is a civil case, not a criminal one.
Legal Definition of malicious prosecution : the tort of initiating a criminal prosecution or civil suit against another party with malice and without probable cause also : an action for damages based on this tort brought after termination of the proceedings in favor of the party seeking damages.
The primary difference between the two legal actions is that malicious prosecution concerns the malicious or wrongful commencement of an action, while, on the other hand, abuse of process concerns the improper use of the legal process after process has already been issued and a suit has commenced.
A plaintiff can sue for malicious prosecution when a defendant "maliciously" prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows he or she doesn't have a case.
Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same.
To win a suit for malicious prosecution, the plaintiff must prove four elements: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case,
A plaintiff can sue for malicious prosecution when a defendant "maliciously" prosecutes a criminal case or uses a civil proceeding against the plaintiff when the defendant knows he or she doesn't have a case.
