| (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:
Terms Used In Utah Code 78B-25-107- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (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
