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13-1640A. Malicious abuse of process; bifurcated trial; instructions prior to bifurcated claim of malicious abuse of process.

            You have heard the evidence and returned a verdict for _________________ (name of the defendant/counter claimant).  You will now hear evidence regarding the claim of _________________ (name of the defendant/counter claimant) that ________________ (name of the plaintiff/counter defendant) maliciously abused the legal process by ___________________ (describe conduct alleged to be malicious abuse of process).

 

USE NOTES

            This instruction should be used when the court bifurcates the claim of malicious abuse of process and the jury returns a verdict on all counts for the defendant/counter claimant in the underlying suit.  It is designed to be used before the presentation of evidence on the malicious abuse of process claim.

[Adopted by Supreme Court Order No. 09-8300-033, effective October 19, 2009.]

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.