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 Missouri, a claim for malicious prosecution of a civil claim requires the plaintiff to establish several elements. These include the initiation or continuation of a civil lawsuit against the plaintiff, the action being taken at the insistence of the defendant, malice in starting the lawsuit, lack of probable cause for the lawsuit, a favorable termination of the proceedings for the plaintiff, and the occurrence of special damages as a result. Similarly, for a claim of malicious prosecution of a criminal case, the plaintiff must prove the initiation or continuation of a criminal prosecution against them, the absence of probable cause for the prosecution, that the prosecution was driven by malice, and that the prosecution ended in a dismissal or a not guilty verdict. Missouri courts require strict adherence to these elements for a successful malicious prosecution claim, and the burden of proof lies with the plaintiff to demonstrate each element.