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 Wyoming, a claim for malicious prosecution of a civil claim requires the plaintiff to establish several elements to succeed. These include proving that there was an institution or continuation of a civil lawsuit against them, that the defendant was responsible for instigating or maintaining the lawsuit, that the defendant acted with malice, that there was no probable cause for the original lawsuit, that the prior proceedings ended in favor of the plaintiff, and that the plaintiff suffered special damages as a result. For a claim of malicious prosecution of a criminal case, the plaintiff must demonstrate that there was an initiation or continuation of a criminal prosecution against them without probable cause, that it was driven by malice on the part of the defendant, and that the prosecution ended in a dismissal or a not guilty verdict. It is important for plaintiffs to provide substantial evidence to support each of these elements to establish a successful claim for malicious prosecution in the state of Wyoming.