17.7 Elements of Abuse of Process.

• Jurisdiction: Arizona

17.7 Elements of Abuse of Process. In order to establish a claim for abuse of process, a plaintiff must show: “(1) a willful act in the use of judicial process; (2) for an ulterior purpose not proper in the regular conduct of the proceedings.”⁴⁸ Notably, unlike in the tort of malicious prosecution, there is no requirement that the plaintiff was successful in the proceeding in which process was used improperly.⁴⁹ Nor is there a requirement that the wrongful use of process resulted in the seizure of the...