17.2 Statute of Limitations

• Jurisdiction: Arizona

17.2 Statute of Limitations. The statute of limitations for the torts of malicious prosecution and abuse of process is 1 year.² A cause of action for malicious prosecution accrues when the prior proceedings that serve as the basis for the claim have terminated in favor of the plaintiff.³ A plaintiff cannot typically maintain a suit for malicious prosecution when the underlying matter has not been terminated⁴ or when the matter is pending appeal.⁵ Nor can a complainant maintain a malicious prosecution cause of action as a counterclaim in response to a suit filed against him, as the suit from which the cause of action arises has not terminated at all, let alone favorably for the complainant.⁶

A cause of action for abuse of process does not depend on the plaintiff’s success in the underlying litigation that serves as...