{"data":{"id":"us-me/14-m.r.s.-738","jurisdiction":"us-me","citation":"14 M.R.S. §738","heading":"Dismissal of cause of action in whole or in part","body":"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:\nA.  The moving party establishes under section 733, subsection 2 that this Act applies;\nB.  The responding party fails to establish under section 733, subsection 3 that this Act does not apply; and\nC.  Either:\n(1)  The responding party fails to establish a prima facie case as to each essential element of the cause of action; or\n(2)  The moving party establishes that:\n(a)  The responding party failed to state a cause of action upon which relief can be granted; or\n(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.\n2.  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.\n3.  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.","path":["TITLE 14: COURT PROCEDURE -- CIVIL","PART 2: PROCEEDINGS BEFORE TRIAL","CHAPTER 203: PROCESS","SUBCHAPTER 5: UNIFORM PUBLIC EXPRESSION PROTECTION ACT"],"source_url":"https://legislature.maine.gov/statutes/14/title14sec738.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:27Z","sha256":"1c88bd86c1c89c05c0d929ac1c231ceca0f5f1366b43e3c3228b08839a5e88b1","source_id":"us-me","stale":false,"prev":"us-me/14-m.r.s.-737","next":"us-me/14-m.r.s.-739"},"notice":"GroundRules: Original legal text. Not legal advice."}