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§ 8351. Wrongful use of civil proceedings

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 42 Pa.C.S.A. Judiciary and Judicial Procedure

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 42 Pa.C.S.A. Judiciary and Judicial Procedure (Refs & Annos)
Part VII. Civil Actions and Proceedings
Chapter 83. Particular Rights and Immunities (Refs & Annos)
Subchapter E. Wrongful Use of Civil Proceedings (Refs & Annos)
42 Pa.C.S.A. § 8351
§ 8351. Wrongful use of civil proceedings
Currentness
(a) Elements of action.--A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:
(1) he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and
(2) the proceedings have terminated in favor of the person against whom they are brought.
(b) Arrest or seizure of person or property not required.--The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter.

Credits

1980, Dec. 19, P.L. 1296, No. 232, § 1, effective in 60 days.
42 Pa.C.S.A. § 8351, PA ST 42 Pa.C.S.A. § 8351
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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