27-34-107. Dismissal of cause of action in whole or in part.
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/mt/title-27/chapter-34/part-1/27-34-107·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
27-34-107 . Dismissal of cause of action in whole or in part.
(1)In ruling on a motion under 27-34-103 , the court shall dismiss with prejudice a civil action, or part of a civil action, if:
(a)the moving party establishes under 27-34-102
(1)that the act applies;
(b)the responding party fails to establish under 27-34-102
(2)that this chapter does not apply; and
(c)either:
(i)the responding party fails to establish a prima facie case as to each essential element of the civil action; or
(ii)the moving party establishes that:
(A)the responding party failed to state a claim upon which relief can be granted; or
(B)there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the civil action or part of the civil action.
(2)A voluntary dismissal without prejudice of a responding party's civil action, or part of a civil action, that is the subject of a motion under 27-34-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under 27-34-110 .
(3)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 27-34-103 establishes for the purpose of 27-34-110 that the moving party prevailed on the motion.