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Utah Code
2025 Utah Code
Title 78B - Judicial Code
Chapter 25 - Uniform Public Expression Protection Act
Section 107 - Dismissal of cause of action in whole or part.
Universal Citation:
UT Code § 78B-25-107 (2025)
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Effective 5/3/2023
78B-25-107. Dismissal of cause of action in whole or part.
Enacted by Chapter 488, 2023 General Session
78B-25-107. Dismissal of cause of action in whole or part.
- (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:
- (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
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