Abuse of Process

/əˈbjuːs əv ˈproʊsɛs/

Definitions

  1. (n.) The misuse of legal procedures or court processes to achieve an improper purpose, usually causing harm to another party.
    The defendant filed a counterclaim for abuse of process after the plaintiff repeatedly used the subpoena to harass him.

Commentary

Abuse of process differs from malicious prosecution in that it focuses on misuse of the court's procedure rather than initiation of a baseless claim.

This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.

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Amicus Docs | Abuse of Process Definition