Current through Register Vol. 49, No. 8, August 19, 2024
Section 554.13 - DISMISSAL OF CAUSE OF ACTION IN WHOLE OR PART(a) In ruling on a motion under section 554.09, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) the moving party establishes under section 554.08, paragraph (b), that sections 554.07 to 554.19 apply;(2) the responding party fails to establish under section 554.08, paragraph (c), that sections 554.07 to 554.19 do not apply; and(3) 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.(b) 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 554.09 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under section 554.16.(c) 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 554.09 establishes for the purpose of section 554.16 that the moving party prevailed on the motion.Added by 2024 Minn. Laws, ch. 123,s 18-7, eff. 5/23/2024.