What is the statute of limitations for malicious prosecution in Pennsylvania?

Full question:

What is the Statute of Limitations in Pennsylvania for Malicious Prosecution?

  • Category: Civil Actions
  • Subcategory: Limitations
  • Date:
  • State: Pennsylvania

Answer:

In Pennsylvania, the statute of limitations for malicious prosecution is two years. According to 42 Pa.C.S.A. § 5524, actions for malicious prosecution must be filed within this two-year period, along with other actions such as assault, battery, false imprisonment, and false arrest. This means you have two years from the date of the incident to initiate legal proceedings.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Pennsylvania, the elements of malicious prosecution include: 1) the initiation of a criminal proceeding against the plaintiff, 2) the termination of that proceeding in favor of the plaintiff, 3) the absence of probable cause for the proceeding, and 4) the presence of malice or a wrongful motive by the defendant. Each of these elements must be proven for a successful claim of malicious prosecution.