WI · jury_instructions
Wis JI-Civil 2620
Abuse of Process
An abuse of process occurs when a person uses a legal process against another
primarily to accomplish a purpose for which it is not designed. In this case, (defendant) (state
the legal process used, e.g., caused a subpoena to be issued to plaintiff; commenced an
involuntary commitment proceeding against plaintiff; etc.) The purpose of (a
subpoena)(involuntary commitment proceeding) is (state purpose).
To establish an abuse of process, (plaintiff) must prove that:
1. (Defendant) had a purpose other than that which the process was designed to
accomplish; and
2. (Defendant) subsequently misused the process to accomplish a purpose other than
that it was designed to accomplish.
Both elements must be proved to establish an abuse of process. The process must be
used for something more than a proper use with a bad motive.
SPECIAL VERDICT
1. Did (defendant) engage in an act of abuse of process in (state process used)
against (plaintiff)?
Answer: ____________
Yes or No
2. If you answered "yes" to question 1, answer this question:
Did the use of (state process used) cause (plaintiff) damages?
Answer: ____________
Yes or No
3. If you answered "yes" to question 2, answer this question:
What sum of money will fairly and reasonably compensate (plaintiff) for
(his) (her) damages?
$_________
History
Wis JI-Civil 2620 (2013). ©2013, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.
Provenance
- Source
- wilawlibrary.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ce8b4fad8fefed272b6ed1230bc0dfb085c114a151615f7136d7c48c6e64a9b7
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