PRINTER'S NO. 3296
No. 2277 Session of 2008
INTRODUCED BY SCHRODER, BOYD, CAPPELLI, CREIGHTON, DENLINGER,
CUTLER, EVERETT, FAIRCHILD, GINGRICH, HERSHEY, HORNAMAN,
KAUFFMAN, M. KELLER, McILHATTAN, METCALFE, MILNE, MOYER,
O'NEILL, PYLE, ROHRER, ROSS, RUBLEY, SAYLOR AND SWANGER,
MARCH 5, 2008
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 5, 2008
AN ACT
1 Amending Title 42 (Judiciary and Judicial Procedure) of the
2 Pennsylvania Consolidated Statutes, further providing for
3 wrongful use of civil proceedings.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 8351 of Title 42 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 8351. Wrongful use of civil proceedings.
9 (a) Elements of action.--A person who takes part in the
10 procurement, initiation or continuation of civil proceedings
11 against another is subject to liability to the other for
12 wrongful use of civil proceedings if:
13 (1) he acts in a [grossly] negligent manner or without
14 probable cause and primarily for a purpose other than that of
15 securing the proper discovery, joinder of parties or
16 adjudication of the claim in which the proceedings are based;
17 and
1 (2) the proceedings have terminated in favor of the
2 person against whom they are brought.
3 (b) Arrest or seizure of person or property not required.--
4 The arrest or seizure of the person or property of the plaintiff
5 shall not be a necessary element for an action brought pursuant
6 to this subchapter.
7 Section 2. This act shall take effect in 60 days.
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