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 New Hampshire, a claim for malicious prosecution, whether arising from a civil lawsuit or a criminal case, allows a person to seek redress if they were wrongfully subjected to legal proceedings. For a civil claim, the plaintiff must demonstrate that the defendant initiated or continued a lawsuit against them without probable cause and with malice, that the lawsuit ended in the plaintiff's favor, and that they suffered special damages as a result. In the context of a criminal prosecution, the plaintiff must prove that the defendant initiated or continued a criminal prosecution against them without probable cause, with malice, and that the prosecution ended in a dismissal or a not guilty verdict. The specific requirements and nuances of these claims can be complex, and an attorney can provide guidance on the likelihood of success and the evidence needed to support such a claim in New Hampshire.