42 Pa. C.S. § 8354

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 8354 - Burden of proof

In an action brought pursuant to this subchapter the plaintiff has the burden of proving, when the issue is properly raised, that:

(1) The defendant has procured, initiated or continued the civil proceedings against him.

(2) The proceedings were terminated in his favor.

(3) The defendant did not have probable cause for his action.

(4) The primary purpose for which the proceedings were brought was not that of securing the proper discovery, joinder of parties or adjudication of the claim on which the proceedings were based.

(5) The plaintiff has suffered damages as set forth in section 8353 (relating to damages).

42 Pa.C.S. § 8354

1980, Dec. 19, P.L. 1296, No. 232, § 1, effective in 60 days.