§738. Dismissal of cause of action in whole or in part
1.
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;
[PL 2023, c. 626, §2 (NEW); PL 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
[PL 2023, c. 626, §2 (NEW); PL 2023, c. 626, §§3, 4, 7 (AFF).]
C.
Either:
[PL 2023, c. 626, §2 (NEW); PL 2023, c. 626, §§3, 4, 7 (AFF).]
(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.
[PL 2023, c. 626, §2 (NEW); PL 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.
[PL 2023, c. 626, §2 (NEW); PL 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.
[PL 2023, c. 626, §2 (NEW); PL 2023, c. 626, §§3, 4, 7 (AFF).]
SECTION HISTORY
PL 2023, c. 626, §2 (NEW). PL 2023, c. 626, §§3, 4, 7 (AFF).