In ruling on a motion under § 15-40-3, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

1. (1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply;
2. (2) The responding party fails to establish under § 15-40-2 that the provisions of this chapter do not apply; and

3. (3) Either:

   1. (a) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or
   2. (b) The moving party establishes that the responding party failed to state a cause of action upon which relief can be granted, or 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 action.

   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 § 15-40-3, does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under § 15-40-12.

   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 § 15-40-3 establishes, for the purpose of § 15-40-12, that the moving party prevailed on the motion.

Source: SL 2026, ch 91 , § 9.