1. 1. In ruling on a motion under section 652.3, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if all of the following are true:

   1. a. The moving party establishes under section 652.2, subsection 2, that this chapter applies.
   2. b. The responding party fails to establish under section 652.2, subsection 3, that this chapter does not apply.

   3. c. Any of the following are true:

      1. (1) The responding party fails to establish a prima facie case as to each essential element of the cause of action.

      2. (2) The moving party establishes that any of the following:

         1. (a) The responding party failed to state a cause of action upon which relief can be granted.
         2. (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 action or part of an action.
2. 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 652.3 does not affect a moving party’s right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under section 652.10.
3. 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 652.3 establishes for the purpose of section 652.10 that the moving party prevailed on the motion.

Section applies to a civil action filed on or after July 1, 2025; 2025 Acts, ch 93, §13 NEW section

2025 Acts, ch 93, §7, 13

Referred to in §652.4