The evidence-collection phase for an abuse of process claim proceeds methodically, beginning with the preservation and issuance of legal holds on all potentially relevant data, including emails, text messages, and internal memoranda that may reveal the opposing party's true motives. The next critical step involves issuing targeted discovery requests—specifically interrogatories asking for the factual and legal basis of each claim, requests for production seeking all communications concerning the lawsuit's objectives and settlement demands, and depositions of the key decision-makers to probe for admissions regarding ulterior goals like harassment, competitive damage, or leverage in an unrelated dispute. Simultaneously, investigators gather circumstantial evidence by compiling the opponent's litigation history to demonstrate a pattern of vexatious behavior, analyzing the timing of the lawsuit in relation to other events, and securing expert testimony to contextualize how the actions deviate from standard legal practice. Throughout this process, every piece of evidence is meticulously logged and mapped to the core legal elements of abuse of process—willful act, ulterior purpose, and resulting harm—to construct an undeniable narrative of bad faith for the court.
