Montana § 27-34-107 Dismissal Of Cause Of Action In Whole Or In Part

Montana Statutes

§ 27-34-107 — Dismissal Of Cause Of Action In Whole Or In Part

Montana § 27-34-107

Title 27CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

Ch. 34UNIFORM PUBLIC EXPRESSION PROTECTION ACT

Part 1General Provisions

This text of Montana § 27-34-107 (Dismissal Of Cause Of Action In Whole Or In Part) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 27-34-107 (2026).

Text

27-34-107 . Dismissal of cause of action in whole or in part.

(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:

(a)the moving party establishes under 27-34-102 (1) that the act applies;

(b)the responding party fails to establish under 27-34-102 (2) 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 civil action; or

(ii)the moving party establishes that:

(A)the responding party failed to state a claim upon which relief can be granted; or

(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.

(2)A volu

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27-34-107 . Dismissal of cause of action in whole or in part. (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:
(a) the moving party establishes under 27-34-102 (1) that the act applies;
(b) the responding party fails to establish under 27-34-102 (2) 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 civil action; or
(ii) the moving party establishes that:
(A) the responding party failed to state a claim upon which relief can be granted; or
(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.
(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 .
(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.