1. 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:

   1. 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).]

   2. 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).]

   3. C. Either:

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

      2. (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.

         (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).]

   [PL 2023, c. 626, §2 (NEW); PL 2023, c. 626, §§3, 4, 7 (AFF).]

2. 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. 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).]

PL 2023, c. 626, §2 (NEW). PL 2023, c. 626, §§3, 4, 7 (AFF).