Utah Complaint for malicious prosecution

Category:

Civil Actions - Complaints - Malicious Prosecution

State:

Multi-State

Control #:

US-01627

Format:

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

A: Anyone (?Plaintiff?) can use Small Claims Court to sue another person or company (?Defendant?) for any reason as long as the claim is for $11,000 or less. A Small Claims Court judgment must be an amount of money; the judgment cannot order the Defendant to do something such as return personal property.

If you have been the victim of a crime that you want to report, please call your local police department. Alpine/Highland Police: 801-756-9800. American Fork Police: 801-763-3020. B.Y.U. Police: 801-378-2222. F.B.I. (Salt Lake Office): 801-579-1400. Lehi Police: 801-768-7110. Lindon Police: 801-785-5043.

Filing a Complaint DOPL can be contacted by phone at (801) 530-6628. Office hours are Monday through Friday (except legal holidays) from a.m. to p.m., Mountain Standard Time. You can contact DOPL by e-mail at DOPL@utah.gov.

There is no cause of action for malicious prosecution under federal law but malicious prosecution in federal cases may still be tried under state tort claims. Malicious prosecution refers to previous improper civil or criminal proceedings in most jurisdictions.

Time to Respond The summons will say how many days the defendant has to respond. In most cases, if the defendant is served in Utah, they must file their answer within 21 calendar days after the date of service. If the defendant is served outside Utah, they must file an answer within 30 calendar days after service.

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

You have two options: File a complaint with the Judicial Conduct Commission. File a public comment with the Judicial Performance Evaluation Commission (JPEC). The comments will be reviewed when the judge is up for retention.

Generally, the elements for abuse of process are: (1) the use of an illegal or improper use of process; (2) an ulterior motive or improper purpose; and in some jurisdictions (3) harm to a litigant. For the purposes of abuse of process, an arbitration proceeding is a judicial proceeding.