{"data":{"id":"us-sd/sdcl-15-40-9","jurisdiction":"us-sd","citation":"SDCL § 15-40-9","heading":"Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal.","body":"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:\n(1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply;\n(2) The responding party fails to establish under § 15-40-2 that the provisions of this chapter do not apply; and\n(3) Either:\n(a) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or\n(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.\nA 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.\nA 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.","path":["TITLE 15. CIVIL PROCEDURE","CHAPTER 15-40. EXPEDITED PROCEDURE FOR SLAPPS"],"source_url":"https://sdlegislature.gov/Statutes/15-40-9","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"3f96279eea1bd1a34ec35237f836d6260c0501ecdf63e07e7f1be64acaddce47","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-15-40-8","next":"us-sd/sdcl-15-40-10"},"notice":"GroundRules: Original legal text. Not legal advice."}