This text of Iowa § 652.7 (Dismissal of cause of action in whole or part) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. In ruling on a motion under section 652.3, the court shall dismiss with prejudice a cause
of action, or part of a cause of action, if all of the following are true:
a. The moving party establishes under section 652.2, subsection 2, that this chapter
applies.
b. The responding party fails to establish under section 652.2, subsection 3, that this
chapter does not apply.
c. Any of the following are true:
(1)The responding party fails to establish a prima facie case as to each essential element
of the cause of action.
(2)The moving party establishes that any of the following:
(a)Therespondingpartyfailedtostateacauseofactionuponwhichreliefcanbegranted.
(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 action or pa
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1. In ruling on a motion under section 652.3, the court shall dismiss with prejudice a cause
of action, or part of a cause of action, if all of the following are true:
a. The moving party establishes under section 652.2, subsection 2, that this chapter
applies.
b. The responding party fails to establish under section 652.2, subsection 3, that this
chapter does not apply.
c. Any of the following are true:
(1) The responding party fails to establish a prima facie case as to each essential element
of the cause of action.
(2) The moving party establishes that any of the following:
(a) Therespondingpartyfailedtostateacauseofactionuponwhichreliefcanbegranted.
(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 action or part of an 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 under section 652.3 does not affect
a moving party’s right to obtain a ruling on the motion and seek costs, attorney fees, and
expenses under section 652.10.
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 652.3 establishes for the
purpose of section 652.10 that the moving party prevailed on the motion.