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Criminal procedure

abuse of process

Abuse of process is the improper use of the courts and other legal processes for an improper or unlawful motive or purpose, such as harassment or coercion. Abuse of process is an intentional tort (wrong) and may arise in a civil or criminal proceeding.

In New Mexico, abuse of process is recognized as a civil cause of action that occurs when someone uses the legal system for an ulterior motive, rather than to resolve a legitimate legal dispute. This can include filing lawsuits, legal motions, or other court processes with the intent to harass, intimidate, or burden another party, rather than to seek a just outcome. The key element of abuse of process is the misuse of the legal procedure for a purpose other than that which it was designed to accomplish. To establish a claim for abuse of process in New Mexico, a plaintiff must prove that the defendant had an ulterior motive and performed a willful act in the use of the legal process that was not proper in the regular conduct of the proceeding. If proven, the plaintiff may be entitled to damages, including compensatory and sometimes punitive damages. It is important to note that merely initiating a lawsuit with a weak legal basis is not enough to constitute abuse of process; there must be evidence of an improper motive and misuse of the process itself.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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New-Mexico State Code

Criminal procedure

abuse of process

New-Mexico State Code

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