A claim for malicious prosecution of a civil claim (lawsuit) is a lawsuit filed by a person or entity who was previously wrongfully sued in a civil lawsuit. The elements of a claim for malicious prosecution vary from state to state, but the plaintiff generally must prove: (1) the institution or continuation of civil proceedings (a lawsuit) against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff's favor; and (6) special damages.

A claim for malicious prosecution of a criminal prosecution or case is similarly a tort claim or cause of action that requires the plaintiff to prove: (1) the initiation or continuation of a criminal prosecution; (2) lack of probable cause for the criminal prosecution; (3) the criminal prosecution was motivated by malice; and (4) the criminal prosecution was terminated by dismissal of the case or charges or a finding of not guilty by the jury or judge.

In Arizona, a claim for malicious prosecution of a civil claim requires the plaintiff to establish several elements. These include proving that the defendant initiated or continued a civil lawsuit against the plaintiff without probable cause, acted with malice, and that the lawsuit ended in the plaintiff's favor, typically through a dismissal or judgment. Additionally, the plaintiff must show that they suffered special damages as a result of the wrongful lawsuit. For a claim of malicious prosecution of a criminal case, the plaintiff must demonstrate that a criminal prosecution was initiated or continued without probable cause, was driven by malice, and ended in a manner favorable to the plaintiff, such as a dismissal or acquittal. In both civil and criminal malicious prosecution claims, the plaintiff must prove these elements to potentially recover damages for the harm suffered due to the wrongful prosecution.