CJI-Civ. 17:10

For the plaintiff, (name), to recover from the defendant, (name), on (insert applicable

pronoun) claim of abuse of process, you must find that all of the following have been proved

by a preponderance of the evidence:

1. The defendant, (name), (describe legal proceeding, e.g., “filed a lawsuit”);

2. The defendant had an ulterior purpose for (describe the legal proceeding);

3. The defendant willfully used the (describe legal proceeding) in an improper

manner to (insert description of alleged ulterior purpose); and

4. The defendant’s action was a cause of the plaintiff’s (injuries) (damages) (losses).

If you find that one or more of these statements has not been proved by a

preponderance of the evidence, then your verdict must be for the defendant.

On the other hand, if you find that all of these statements have been proved, (then

your verdict must be for the plaintiff) (then you must consider the defendant’s affirmative

defense(s) of [insert any affirmative defense that would be a complete defense to plaintiff’s

claim]).

If you find that (this affirmative defense has) (any one or more of these affirmative

defenses have) been proved by a preponderance of the evidence, then your verdict must be

for the defendant.

However, if you find that (this affirmative defense has not) (none of these

affirmative defenses have) been proved, then your verdict must be for the plaintiff.