Dismissal Of Cause Of Action In Whole Or Part

TITLE 6 ACTIONS IN PARTICULAR CASES CHAPTER 39 UNIFORM PUBLIC EXPRESSION PROTECTION ACT 6-3907. dismissal of CAUSE OF ACTION IN WHOLE OR PART. (1) In ruling on a motion under section 6-3903 , Idaho Code, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (a)  The moving party establishes pursuant to section 6-3902 (2), Idaho Code, that this chapter applies; (b)  The responding party fails to establish pursuant to section 6-3902 (3), Idaho Code, that this chapter does not apply; and (c)  Either: (i)   The responding party fails to establish a prima facie case as to each essential element of the cause of action; or (ii)  The moving party establishes that: 1.  The responding party failed to state a cause of action upon which relief can be granted; or 2.  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. (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 pursuant to section 6-3903 , Idaho Code, does not affect a moving party’s right to obtain a ruling on the motion and to seek costs, attorney’s fees, and expenses pursuant to section 6-3910 , Idaho Code. (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 pursuant to section 6-3903 , Idaho Code, establishes for the purpose of section 6-3910 , Idaho Code, that the moving party prevailed on the motion.