78B-25-107. Dismissal of cause of action in whole or part.

261 words·~1 min read·/ut/title-78b/chapter-25/78b-25-107

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

Effective 5/3/2023

(1)In ruling on a motion under Section 78B-25-103 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(a)the moving party establishes under Subsection 78B-25-102(2) that this chapter applies;

(b)the responding party fails to establish under Subsection 78B-25-102(3) 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 cause of action; or

(ii)the moving party establishes that:

(A)the responding party failed to state a cause of action 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 cause of action or part of the cause of action.

(2)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 78B-25-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under Section 78B-25-110 .

(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 Section 78B-25-103 establishes for the purpose of Section 78B-25-110 that the moving party prevailed on the motion.

Enacted by Chapter 488 , 2023 General Session