{"data":{"id":"us-ky/krs-454.472","jurisdiction":"us-ky","citation":"KRS 454.472","heading":"Dismissal of cause of action in whole or part.","body":"(1) In ruling on a motion under KRS 454.464, the court shall dismiss with prejudice a\ncause of action, or part of a cause of action, if:\n(a) The moving party establishes under KRS 454.462(1) that KRS 454.460 to\n454.478 applies;\n(b) The responding party fails t o establish under KRS 454.462(2) that KRS\n454.460 to 454.478 does not apply; and\n(c) Either:\n1. The responding party fails to establish a prima facie case as to each\nessential element of the cause of action; or\n2. The moving party establishes that:\na. The responding party failed to state a cause of action upon which\nrelief can be granted; or\nb. There is no genuine issue as to any material fact and the moving\nparty is entitled to judgment as a matter of law on the cause of\naction or part of the action.\n(2) A voluntary dismissal without prejudice of a responding party's cause of action, or\npart of a cause of action, that is the subject of a motion under KRS 454.464 does not\naffect a moving party's right to obtain a ruling on the motion and seek costs,\nattorney's fees, and expenses under KRS 454.478.\n(3) A voluntary dismissal with prejudice of a responding party's cause of action, or part\nof a cause of action, that is the subject of a motion under KRS 454.464 establishes\nfor the purpose of KRS 454.478 that the moving party prevailed on the motion.","path":["KRS Chapter 454"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53206","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:58Z","sha256":"b41c2c3c3c306d08b947455e7c4d7c661a30da2eafbb0455c55ee1ad7bb27b7b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-454.470","next":"us-ky/krs-454.474"},"notice":"GroundRules: Original legal text. Not legal advice."}