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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 South Dakota, abuse of process is recognized as a civil cause of action that occurs when an individual uses the legal system in a manner that is not consistent with its intended purpose, but rather for an ulterior motive, typically to harass or coerce someone. This tort requires a showing that the legal process was misused or perverted, and that such misuse was done intentionally. The plaintiff must demonstrate that the defendant had an ulterior motive or purpose and that a definite act or threat not authorized by the process was made. Abuse of process claims in South Dakota are governed by state case law, as there may not be specific statutes addressing the issue. Victims of abuse of process can potentially recover damages for the harm they have suffered as a result of such abuse. It is important for individuals who believe they have been subjected to an abuse of process to consult with an attorney to understand their rights and the potential remedies available to them under South Dakota law.

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Criminal procedure

abuse of process

Individual & Family Legal Plan

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South-Dakota State Code

South-Dakota State Code

Criminal procedure

abuse of process

Articles