In a motion filed pursuant to this chapter the aggrieved person has the burden of proving:

1. (1) the other party has procured, initiated, continued, or defended the civil proceedings against him;
2. (2) the proceedings were terminated in his favor;
3. (3) the primary purpose for which the proceedings were procured, initiated, continued, or defended was not that of securing the proper discovery, joinder of parties, or adjudication of the civil proceedings;
4. (4) the aggrieved person has incurred attorney's fees and court costs; and
5. (5) the amount of the fees and costs set forth in item (4).