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The Elements of a Malicious Prosecution Claim A legal action commenced or prosecuted without probable cause. ... The legal action was brought or initiated with malice or malicious intent. Final, favorable termination or resolution of the action (or relevant claims) in the defendant's favor. ... Legally recognizable damages.

?An action for malicious prosecution has three required elements: '(1) the defendant brought (or continued to pursue) a claim in the underlying action without objective probable cause, (2) the claim was pursued by the defendant with subjective malice, and (3) the underlying action was ultimately resolved in the ...

A malicious prosecution case can be difficult to prove, but with a few key elements it can be won in court. First, it must be clear that the defendant did not have probable cause to bring the action.

This requires proof of four main elements. The original plaintiff (now the defendant) had no probable cause or justification to bring the claim. The defendant had malicious intent in bringing the original lawsuit. The defendant lost his or her lawsuit against you when you were the defendant.

Case records available through online searches are public record. Most court filed documents are viewable online as electronic images. When viewing a case online, document images will be available as clickable links.

Electronic and paper court records retained at the court site can be viewed at the courthouse for free, however there is a fee of 10 cents per page to print from a public access terminal. There is a fee of 10 cents per page to access a file through PACER, with a maximum charge of $3.00 per document.