What is procedure to file a mtion for frivolous claim/civil malicious prosecution?
OK. Small claims here. Person suing me I have more than adequate proof that his claim is totally unfounded, including I already won my case against him in which judgment actually voided the contract under which he claims we owe him (he was found guilty of fraud) and despite 4 requests by us to have him drop his claim, he's going ahead with it. We have a civil version of malicious prosecution here, and it is a tort. My question is: if I am wanting to claim malicious prosecution, do I have to file a new counterclaim against him/serve him, etc. appear in court yet another time or do I wait until in court while his case is being tried he loses and then can I MOTION for malicious prosecution and at that time ask for tort damages? My question, I guess, is really what is a 'motion' as oppsed to a filing of a new case or counterclaim? Do I simply verbally ask for the motion and state my reasons and ask for my damages or do I need a form? Do I need to 'serve' it to the other guy (by 3rd party) prior to the hearing or do I hand it to him (like I do copies of my exhibits) when I come to trial? And finally, if I need a form, where can I get one? Or what does it have to contain tobe a proper 'motion'? Thanks!