When arguing in a deposition or hearing that the opposing side's case constitutes an abuse of process, focus on presenting clear, objective evidence that demonstrates their misuse of judicial procedures for an ulterior purpose. Frame your argument by systematically highlighting facts showing the other party initiated or maintained the litigation not to resolve a genuine dispute, but to achieve a collateral goal—such as harassment, delay, or an unrelated strategic advantage. Support this by referencing specific examples of bad faith conduct, like frivolous filings, knowingly false assertions, or weaponized discovery, while consistently tying these actions to the legal standard requiring proof of improper motive and willful perversion of the process. Maintain a professional tone, avoid personal attacks, and direct the fact-finder’s attention to how these actions undermine judicial integrity and have caused tangible prejudice, thereby justifying sanctions or dismissal.
