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§ 8354. Burden of proof

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. § 8354
§ 8354. Burden of proof
Currentness
In an action brought pursuant to this subchapter the plaintiff has the burden of proving, when the issue is properly raised, that:
(1) The defendant has procured, initiated or continued the civil proceedings against him.
(2) The proceedings were terminated in his favor.
(3) The defendant did not have probable cause for his action.
(4) The primary purpose for which the proceedings were brought was not that of securing the proper discovery, joinder of parties or adjudication of the claim on which the proceedings were based.
(5) The plaintiff has suffered damages as set forth in section 8353 (relating to damages).

Credits

1980, Dec. 19, P.L. 1296, No. 232, § 1, effective in 60 days.
42 Pa.C.S.A. § 8354, PA ST 42 Pa.C.S.A. § 8354
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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