SDCL § 15-40-9: Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal.

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) The moving party establishes under § 15-40-1 that the provisions of this chapter apply;

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

(3) Either:

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

(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.