DE · jury_instructions
Del. P.J.I. Civ. § 12.5
Malicious Prosecution – Prior False Testimony by Defendant
WHERE PROBABLE CAUSE IS BASED ON FRAUD OR
FALSE TESTIMONY
Ordinarily, when someone is committed by a judicial officer to police custody
or indicted by a grand jury, probable cause is established for the prosecution of a
crime. The presumption that probable cause existed, however, is overcome if
[defendant’s name] withheld facts or other material evidence from [the magistrate,
grand jury, or (his/her/its) attorney]. Evidence is material when it has a logical
connection with the facts of the case.
If you find that [defendant’s name] withheld facts or other material evidence
from the [the magistrate, grand jury, or (his/her/its) attorney], you must then
determine whether or not probable cause existed.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
4cc6e7404d56db0a887ed0de3d75ee39d7d05f9c62739a58b74b3a97f25acd52
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