{"data":{"id":"us-mt/27-34-107","jurisdiction":"us-mt","citation":"27-34-107","heading":"Dismissal of cause of action in whole or in part.","body":"(1) In ruling on a motion under 27-34-103, the court shall dismiss with prejudice a civil action, or part of a civil action, if:\n(a) the moving party establishes under 27-34-102(1) that the act applies;\n(b) the responding party fails to establish under 27-34-102(2) 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 civil action; or\n(ii) the moving party establishes that:\n(A) the responding party failed to state a claim 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 civil action or part of the civil action.\n(2) A voluntary dismissal without prejudice of a responding party's civil action, or part of a civil action, that is the subject of a motion under 27-34-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under 27-34-110.\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 under 27-34-103 establishes for the purpose of 27-34-110 that the moving party prevailed on the motion.","path":["TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS","CHAPTER 34. UNIFORM PUBLIC EXPRESSION PROTECTION ACT","Part 1. General Provisions"],"source_url":"https://mca.legmt.gov/bills/mca/title_0270/chapter_0340/part_0010/section_0070/0270-0340-0010-0070.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:40Z","sha256":"b2f3151b98317606b5a20bbb19c944ca84a4e548378a16b1166e90e7f15a6623","source_id":"us-mt","stale":false,"prev":"us-mt/27-34-106","next":"us-mt/27-34-108"},"notice":"GroundRules: Original legal text. Not legal advice."}