• 2006 - Definition of Probable Cause (Malicious Prosecution)
  • C-13.20
    • Advice Of Counsel
    • Malicious Prosecution
    • Tort Liability
  • [Defendant] had probable cause to [initiate] [instigate] the [criminal] [civil] proceeding if, upon the facts known or reported, [he] [she] honestly believed there was a reasonable basis to institute the proceeding. It is sufficient if [Defendant] in [initiating] [instigating] the proceeding acted as a reasonable and prudent person would have acted under the circumstances using ordinary care, prudence, and discretion. In relying upon evidence provided by others, it must be of such character, and obtained from such sources that persons of ordinary care, prudence, and discretion would reasonably rely upon it in bringing the proceeding. In making this determination, you must rely only on the facts and circumstances as they existed at the time the proceeding was commenced.
    • 12.1-08-04
    • Richmond v. Haney, 480 NW2d 751, 755-56 (ND 1992)
    • Weisenberger v. Mueller, 89 NW2d 559, 563 (ND 1958)
  • Notes: If the evidence shows that Defendant acted upon advice of counsel, use NDJI C - 2.40, Advice of Counsel.