pjc-family-2024-lib
E XPRESS T RUSTS
PJC 235.8
PJC 235.8 Forfeiture Clause PJC 235.8A Forfeiture Clause—Action Brought before September 1, 2011 QUESTION 1 Did CONTESTANT have probable cause to bring this lawsuit?
Probable cause exists when, at the time of instituting the lawsuit, there was evidence that would lead a reasonable person to conclude that there was a rea sonable likelihood that the challenge would be successful. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2. QUESTION 2 Did CONTESTANT bring and maintain the lawsuit in good faith? “Good faith” means an action that is prompted by honesty of intention or a reasonable belief that the action was probably correct. Answer “Yes” or “No.” Answer: _______________ PJC 235.8B Forfeiture Clause—Action Brought on or after September 1, 2011 QUESTION 1 Did CONTESTANT have just cause to bring this lawsuit? “Just cause” means that the actions were based on reasonable grounds and there was a fair and honest cause or reason for the actions. Answer “Yes” or “No.” Answer: _______________ If you answered “Yes” to Question 1, then answer Question 2. Otherwise, do not answer Question 2.
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