[§634G-6] Dismissal of cause of action.

255 words·~1 min read·/hi/634g-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In ruling on a motion under section 634G-3(a), the court shall dismiss with prejudice a cause of action or part of a cause of action if:

(1)The moving party establishes under section 634G-2(a) that this chapter applies;

(2)The responding party fails to establish under section 634G-2(b) that this chapter does not apply; and

(3)Either:

(A)The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(B)The moving party establishes that:

(i)The responding party failed to state a cause of action upon which relief can be granted; or

(ii)There is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.

(b)A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 634G-3(a) shall not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under section 634G-9.

(c)A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under section 634G-3(a) shall establish for the purpose of section 634G-9 that the moving party prevailed on the motion. [L 2022, c 96, pt of §2]