Abuse of Process is a doctrine that originated in criminal law, but has long been recognized as applicable in the civil law context. In essence, it refers to proceedings that are initiated by parties with ulterior motives, or that the parties are litigating for gains over their opponents unrelated to the cases being litigated.
Here’s an example. Suppose there’s hostility between your co-worker and you because both of you are competing for a year-end bonus. One day your co-worker accidentally spills coffee on you. There is a stain on your shirt but you are otherwise OK. It then occurs to you that this is a good opportunity to start some trouble for your co-worker. You initiated a complaint against your co-worker at the Human Resources Department.
Because the real reason behind your complaint is not the coffee stain, but rather your hostility to your co-worker, you have an ulterior motive behind your claim. Should this claim proceed before the courts (civil or criminal), your co-worker may invoke the doctrine of abuse of process and ask the court to dismiss your claim.
Although at first glance, abuse of process appears a convenient tool for getting your opponent’s case dismissed (you can probably find an ulterior motive if you look really hard at the case). it is rarely applied by the courts. The courts are reluctant to dismiss a claim with merit based solely on the allegation of an ulterior motive.
To successfully invoke this doctrine, you must bring a motion before the court and present unequivocal evidence that demonstrates that the other party clearly has another agenda than to resolve the conflicts before the courts.
The court, in response, will closely examine the case and decide whether the doctrine applies to. The court may dismiss part or all of the opposing party’s case if you are successful. However, if you are unsuccessful, the court will likely find your motion improper and order costs against you on a substantial indemnity basis. For this reason, most civil litigators rarely bring a motion solely on the basis of abuse of process when seeking to have the case dismissed.
