Title 51, Chapter 7, Section 80
( 51-7-80)
As used in this article, the term: (1) "Civil proceeding" includes any action, suit, proceeding,
counterclaim, cross-claim, third-party claim, or other claim at
law or in equity. (2) "Claim" includes any allegation or contention of fact or law
asserted in support of or in opposition to any civil proceeding,
defense, motion, or appeal. (3) "Defense" includes any denial of allegations made by another
party in any pleading, motion, or other paper submitted to the
court for the purpose of seeking affirmative or negative relief,
and any affirmative defense or matter asserted in confession or
avoidance. (4) "Good faith," when used with reference to any civil
proceeding, claim, defense, motion, appeal, or other position,
means that to the best of a person's or his or her attorney's
knowledge, information, and belief, formed honestly after
reasonable inquiry, that such civil proceeding, claim, defense,
motion, appeal, or other position is well grounded in fact and is
either warranted by existing law or by reasonable grounds to
believe that an argument for the extension, modification, or
reversal of existing law may be successful. (5) "Malice" means acting with ill will or for a wrongful purpose
and may be inferred in an action if the party initiated,
continued, or procured civil proceedings or process in a harassing
manner or used process for a purpose other than that of securing
the proper adjudication of the claim upon which the proceedings
are based. (6) "Person" means an individual, corporation, company,
association, firm, partnership, society, joint-stock company, or
any other entity, including any governmental entity or
unincorporated association of persons with capacity to sue or be
sued. (7) "Without substantial justification," when used with reference
to any civil proceeding, claim, defense, motion, appeal, or other
position, means that such civil proceeding, claim, defense,
motion, appeal, or other position is: (A) Frivolous; (B) Groundless in fact or in law; or (C) Vexatious. (8) "Wrongful purpose" when used with reference to any civil
proceeding, claim, defense, motion, appeal, or other position
results in or has the effect of: (A) Attempting to unjustifiably harass or intimidate another
party or witness to the proceeding; or (B) Attempting to unjustifiably accomplish some ulterior or
collateral purpose other than resolving the subject controversy
on its merits. |