13-1638. Malicious abuse of process; "active participation" defined.
In this case, ____________________ (name of the plaintiff) has claimed that _________________ (name of the defendant) actively participated in [bringing the judicial proceeding] [ __________________ (describe the other legal process that the plaintiff claims was misused)] against _____________________ (name of the plaintiff). A [person] [corporation] actively participates in [bringing a judicial proceeding] [__________________ (describe the legal process that the plaintiff claims was misused)] if [his] [her] [its] conduct is the determining factor in the decision to [file the lawsuit] [________________ (describe the other legal process the plaintiff claims was misused)]. Merely providing encouragement, advice, or information is not enough.
USE NOTES
This instruction defining active participation should be used any time one or more of the defendants is not a party to the underlying criminal, civil, or arbitration proceeding in which the plaintiff’s claim of malicious abuse of process arose.
[Adopted by Supreme Court Order No. 09-8300-033, effective October 19, 2009.]