{"data":{"id":"us-ut/utah-code-78b-25-107","jurisdiction":"us-ut","citation":"Utah Code § 78B-25-107","heading":"Dismissal of cause of action in whole or part.","body":"(1) In ruling on a motion under Section 78B-25-103, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:\n(a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies;\n(b) the responding party fails to establish under Subsection 78B-25-102(3) 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:\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.\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 under Section 78B-25-103 does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under Section 78B-25-110.\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 Section 78B-25-103 establishes for the purpose of Section 78B-25-110 that the moving party prevailed on the motion.","path":["Title 78B Judicial Code","Chapter 78B-25 Uniform Public Expression Protection Act"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter25/78B-25-S107.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"5293a9b9fdfda7d4f25fa3cfdeb1423829d1884a5a6f04cc155f690c934536e5","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-25-106","next":"us-ut/utah-code-78b-25-108"},"notice":"GroundRules: Original legal text. Not legal advice."}