Kentucky Statutes 454.472 – Dismissal of cause of action in whole or part
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(1) In ruling on a motion under KRS § 454.464, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:
(a) The moving party establishes under KRS § 454.462(1) that KRS § 454.460 to
454.478 applies;
(b) The responding party fails to establish under KRS § 454.462(2) that KRS
454.460 to 454.478 does not apply; and
(c) Either:
1. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
2. 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 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 KRS § 454.464 does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorney‘s fees, and expenses under KRS § 454.478.
(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 KRS § 454.464 establishes for the purpose of KRS § 454.478 that the moving party prevailed on the motion.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 233, sec. 7, effective July 14, 2022.
(a) The moving party establishes under KRS § 454.462(1) that KRS § 454.460 to
Terms Used In Kentucky Statutes 454.472
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
454.478 applies;
(b) The responding party fails to establish under KRS § 454.462(2) that KRS
454.460 to 454.478 does not apply; and
(c) Either:
1. The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
2. 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 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 KRS § 454.464 does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorney‘s fees, and expenses under KRS § 454.478.
(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 KRS § 454.464 establishes for the purpose of KRS § 454.478 that the moving party prevailed on the motion.
Effective: July 14, 2022
History: Created 2022 Ky. Acts ch. 233, sec. 7, effective July 14, 2022.