Definition Of Abuse Of Court Process

An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process civil or criminal not justified by the. The legal term abuse of process refers to the act of using the legal process during a legal proceeding to harass another party to the suit to intentionally incur costs with the intent that the other party will be ordered to pay those costs or to delay the court action.

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This encompasses a court action initiated against another person out of malice or for no just cause.

Definition of abuse of court process. Abuse of process is a tort that may be claimed in a subsequent legal proceeding or argued during the current case. Abuse of court process is also said to occur where a party duplicates court actions in order to harass an opponent. Such actions will be struck out as they amount to forum shopping. Abuse of process has been defined as something so unfair and wrong that the court should not allow a prosecutor to proceed with what is in all other respect a regular proceeding 1.

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