Zlee,
Conceivably or a motion for summary judgment. You might be interested to know that while I was in law school I clerked for a circuit court judge for a while. I was able to sit in on several cases that went to trial. One of them involved malicious prosecution. Yes, the plaintiff had been prosecuted, yes, the plaintiff prevailed in that proceeding. Now whether she (or he) established malice in the civil case and obtained money damages that I honestly don't remember. But it was a very interesting case. |