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SUBCHAPTER E

WRONGFUL USE OF CIVIL PROCEEDINGS

 

Sec.

8351.  Wrongful use of civil proceedings.

8352.  Existence of probable cause.

8353.  Damages.

8354.  Burden of proof.

8355.  Certification of pleadings, motions and other papers.

 

Enactment.  Subchapter E was added December 19, 1980, P.L.1296, No.232, effective in 60 days.

Applicability.  Section 2 of Act 232 of 1980 provided that Subchapter E shall be applicable to causes of action accruing after the effective date of Act 232.

Cross References.  Subchapter E is referred to in section 62A20 of this title; section 6122 of Title 23 (Domestic Relations).

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§ 8351.  Wrongful use of civil proceedings.

(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.

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Cross References.  Section 8351 is referred to in section 8353 of this title.