Category: 

What Is Abuse of Process?

Article Details
  • Written By: Mary McMahon
  • Edited By: O. Wallace
  • Last Modified Date: 03 September 2014
  • Copyright Protected:
    2003-2014
    Conjecture Corporation
  • Print this Article
Free Widgets for your Site/Blog
The seahorse is among the only animals on Earth which has males bear the young.  more...

September 30 ,  1949 :  The Berlin Air Lift ended.  more...

Abuse of process is a type of civil tort in which someone utilizes an aspect of the legal process for a purpose which is considered unlawful, such as harassment, intimidation, or simple inconveniencing. This tort differs from malicious prosecution, in which a suit with no legal grounds is filed, in that there may be grounds for the case in court, but the legal process is abused to accomplish an unlawful goal. For example, someone could file suit for a debt, an entirely legal activity, but use the suit to intimidate the debtor in court, which is not legal.

In abuse of process, a writ, summons, judgment, or deposition is used for a purpose which is unlawful. For example, someone could use a deposition to intimidate someone, or could serve papers on someone with the goal of harassing that person. Another form of abuse of process might be a case in which someone files a legal suit with the specific goal of harassing and inconveniencing someone by making that person show up in court.

The person involved in abuse of process may have a malicious intent, and may be a lawyer or a citizen using a lawyer to accomplish unlawful goals in the legal system. There are sometimes cases in which a situation looks like abuse of process, but actually isn't, as a result of having incomplete information. If it can be proved that a lawyer or party acted in good faith, it is not considered abuse of process.

Ad

If abuse of process is suspected, it is advisable to consult a lawyer to get more information and suggestions about how to proceed. In cases where someone is the object of a suit, the lawyer retained to handle the suit can determine whether or not abuse of process is occurring. In other instances, a lawyer who handles civil torts can examine the specifics of the case and provide advice.

Proving abuse of process can be challenging, and courts are often reluctant to pursue it. The primary reason for this is a concern that it may result in a chilling effect. Most nations want to protect the right of access to the legal system and the courts, and there is a concern that some abuse of process cases are nebulous and hard to define, and that ruling in favor of the person bringing suit could result in barring legitimate cases or actions in the future.

Ad

More from Wisegeek

You might also Like

Discuss this Article

candyquilt
Post 3

@fify-- Well I think it can be prevented to some degree. For example, lawyers or witnesses may be put under protection if the court feels that they are being intimidated or if their life is under danger due to a case. I'm not sure what else is done aside from this to prevent abuse of process.

This also depends largely on the country and the judicial system involved. Some countries have more effective judicial systems with more measures to prevent abuse and manipulation. In some countries, unfortunately, the judicial system is a joke and abuse of process is widespread.

fify
Post 2

Can't abuse of process be prevented in legal proceedings? Aren't witnesses under protection for example, or lawyers?

bear78
Post 1

I just watched a film about this topic. I'm not an expert on legal processes but apparently, there is a rule of court where the plaintiff or the defendant has the inform the other party before calling a witness. In the film, this procedure was shown as a loophole. The defendant pressured and bribed witnesses before they could appear in court to manipulate the case.

I'm not sure if this happens frequently in reality, but it was interesting to see how court procedures could actually prevent a court from delivering justice. It's definitely an abuse of process.

Post your comments

Post Anonymously

Login

username
password
forgot password?

Register

username
password
confirm
email