Continuing Proceeding Without Probable Cause

A cause of action for malicious prosecution is not limited to the situation where the present defendant initiated the prior proceeding; it also arises in the situation where the present defendant continued the prior proceeding without probable cause. see Hudson v. Chancey. 385 So. 2d 61, 62 (Ala. Civ. App. 1980), and one can be held liable for malicious prosecution when he "takes some active part in the instigation or encouraging of the prosecution." W. Page Keeton, Prosser and Keeton on Torts, 119 (5th ed. 1984). "Taking some active part" includes advising or assisting another person to begin the proceeding and actively directing or aiding in the conduct of it.