Complaint for malicious prosecution
What this document covers
The Complaint for malicious prosecution is a legal document used to initiate a lawsuit against a defendant for wrongful actions, including false arrest and malicious prosecution. This form allows you to outline the claims against the defendant and seeks compensatory and punitive damages for the harm you have suffered. Unlike other forms of complaint, this specific template focuses on malicious prosecution, providing a clear framework for asserting your rights and seeking justice.
What’s included in this form
- Identifying information for both the plaintiff and defendant.
- Detailed description of the events and wrongful actions by the defendant.
- Claim for damages, including emotional distress and financial losses.
- Request for compensatory and punitive damages.
- Signature lines for the attorney representing the plaintiff.
When to use this form
You should use the Complaint for malicious prosecution if you have been falsely accused and arrested or prosecuted without just cause. This form is applicable when you have suffered damages as a result of malicious actions taken against you by another party. Situations include being wrongfully arrested based on false allegations, incurring legal fees due to frivolous lawsuits, or experiencing emotional distress from the wrongful act.
Who this form is for
- Individuals who have been victims of malicious prosecution.
- Residents seeking to recover damages for wrongful arrests or false allegations.
- Anyone requiring a formal legal complaint to address emotional distress caused by malicious actions.
Completing this form step by step
- Identify and fill in the names of the plaintiff and defendant.
- Provide the date and location of the alleged wrongful actions.
- Clearly outline the sequence of events leading to the claim.
- Specify the damages incurred and any evidence to support your claim.
- Sign the form where indicated and ensure it is filed with the appropriate court.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
Typical mistakes to avoid
- Failing to include all necessary details about the events and damages.
- Not adhering to state-specific rules regarding complaint filing.
- Leaving out the requested amount for damages.
- Incorrectly naming the defendant or failing to provide adequate service information.
Benefits of completing this form online
- Convenient access to the template allows you to complete it at your own pace.
- Editability ensures that you can customize the form to fit your specific circumstances.
- Reliable and straightforward guidance through the legal process.
Form popularity
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.
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.
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 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.
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,
What is the Statute of Limitations on Malicious Prosecution Actions? California courts generally apply a two-year statute of limitations to malicious prosecution actions; however, claims against attorneys may be governed by the shorter one-year statute of limitations on legal malpractice claims.
To show that prosecutorial misconduct requires dismissal of the indictment or a mistrial, the defendant usually has to show that the prosecutor willfully engaged in misconduct and that the misconduct prejudiced the defendant.
