13-1640. Malicious abuse of process; illegitimate motive.
[If the judicial proceeding was brought without probable cause] [If you find that __________________ (name of the defendant) misused the legal process], you must consider whether ____________________ (name of the defendant)’s primary motive or purpose in [bringing the proceeding without probable cause] [actively participating in bringing the proceeding without probable cause] [________________ (describe the other misuse or active participation in the misuse of the legal process)] was to accomplish an illegitimate end. Acting with ill-will or spite toward the plaintiff is not enough to meet this requirement. _________________ (Name of the defendant) must have [brought] [actively participated in bringing] [____________ (describe the other misuse or active participation in the misuse of the legal process)] the judicial proceeding primarily to accomplish a purpose for which the judicial proceeding was not designed.
[Adopted by Supreme Court Order No. 09-8300-033, effective October 19, 2009.]