Existence of probable cause. A person who takes part in the procurement, initiation or continuation of civil proceedings
Pennsylvania Consolidated Statutes
Section: 8352
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 8352
§ 8352. Existence of probable cause. A person who takes part in the procurement, initiation or continuation of civil proceedings
against another has probable cause for doing so if he reasonably believes in the existence
of the facts upon which the claim is based, and either: (1) reasonably believes that under those facts the claim may be valid under the existing
or developing law; (2) believes to this effect in reliance upon the advice of counsel, sought in good faith
and given after full disclosure of all relevant facts within his knowledge and information;
or (3) believes as an attorney of record, in good faith that his procurement, initiation
or continuation of a civil cause is not intended to merely harass or maliciously injure
the opposite party.
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