Section 738 - Dismissal of cause of action in whole or in part1.Dismissal with prejudice. In ruling on a motion under section 734, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: A. The moving party establishes under section 733, subsection 2 that this Act applies; [2023, c. 626, §2 (NEW); 2023, c. 626, §§3, 4, 7 (AFF).]B. The responding party fails to establish under section 733, subsection 3 that this Act does not apply; and [2023, c. 626, §2 (NEW); 2023, c. 626, §§3, 4, 7 (AFF).]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 cause of action. [2023, c. 626, §2 (NEW); 2023, c. 626, §§3, 4, 7 (AFF).] [2023, c. 626, §2 (NEW); 2023, c. 626, §§3, 4, 7 (AFF).]
2.Dismissal without prejudice; right to costs, attorney's fees and expenses. 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 734 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney's fees and expenses under section 740. [2023, c. 626, §2 (NEW); 2023, c. 626, §§3, 4, 7 (AFF).]
3.Dismissal with prejudice; prevailed on motion. 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 734 establishes for the purpose of section 740 that the moving party prevailed on the motion. [2023, c. 626, §2 (NEW); 2023, c. 626, §§3, 4, 7 (AFF).]
Added by 2024, c. 626,§ 2, eff. 1/1/2025, app. to a civil action filed or cause of action asserted in a civil action on or after 1/1/2025.