{"data":{"id":"us-id/idaho-code-6-3907","jurisdiction":"us-id","citation":"Idaho Code § 6-3907","heading":"dismissal of CAUSE OF ACTION IN WHOLE OR PART.","body":"(1) In ruling on a motion under section 6-3903, Idaho Code, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:\n(a) The moving party establishes pursuant to section 6-3902(2), Idaho Code, that this chapter applies;\n(b) The responding party fails to establish pursuant to section 6-3902(3), Idaho Code, that this chapter does not apply; and\n(c) Either:\n(i) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or\n(ii) The moving party establishes that:\n1. The responding party failed to state a cause of action upon which relief can be granted; or\n2. 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.\n(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 pursuant to section 6-3903, Idaho Code, does not affect a moving party’s right to obtain a ruling on the motion and to seek costs, attorney’s fees, and expenses pursuant to section 6-3910, Idaho Code.\n(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 pursuant to section 6-3903, Idaho Code, establishes for the purpose of section 6-3910, Idaho Code, that the moving party prevailed on the motion.","path":["TITLE 6 ACTIONS IN PARTICULAR CASES","CHAPTER 39 UNIFORM PUBLIC EXPRESSION PROTECTION ACT"],"source_url":"https://legislature.idaho.gov/statutesrules/idstat/title6/t6ch39/sect6-3907/","current_through":"2026 Legislative Session","vintage":"","retrieved_at":"2026-09-04T14:05:44Z","sha256":"85bbbe143a013c803cc26161bb21e9daee4e252e45dbf04088016317a1ce8175","source_id":"us-id","stale":false,"prev":"us-id/idaho-code-6-3906","next":"us-id/idaho-code-6-3908"},"notice":"GroundRules: Original legal text. Not legal advice."}