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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 Rhode Island, abuse of process is recognized as a civil cause of action. It occurs when someone uses the legal system with an ulterior motive, rather than to resolve a legitimate legal dispute. To establish a claim for abuse of process in Rhode Island, a plaintiff must prove that the defendant had an ulterior purpose in using the legal process and that a willful act was performed in the use of the process not proper in the regular conduct of the proceeding. This might include filing a lawsuit, obtaining a court order, or using discovery methods for a purpose other than what they were intended for, such as harassment or coercion. If a party is found liable for abuse of process, they may be required to pay damages to the victim, which could include compensation for harm suffered as a result of the abuse, such as legal fees, emotional distress, and punitive damages if the conduct was particularly egregious.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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Rhode-Island State Code

Rhode-Island State Code

Criminal procedure

abuse of process

Articles