Utah § 78B-25-107 Dismissal of cause of action in whole or part.

Utah Statutes

§ 78B-25-107 — Dismissal of cause of action in whole or part.

Utah § 78B-25-107

Title 78BJudicial Code

Ch. 78B-25Uniform Public Expression Protection Act

This text of Utah § 78B-25-107 (Dismissal of cause of action in whole or part.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-25-107 (2026).

Text

(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:

(1)(a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies;

(1)(b) the responding party fails to establish under Subsection 78B-25-102(3) that this chapter does not apply; and

(1)(c) either:

(1)(c)(i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(1)(c)(ii) the moving party establishes that:

(1)(c)(ii)(A) the responding party failed to state a cause of action upon which relief can be granted; or

(1)(c)(ii)(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 o

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(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:

(1)(a) the moving party establishes under Subsection 78B-25-102(2) that this chapter applies;
(1)(b) the responding party fails to establish under Subsection 78B-25-102(3) that this chapter does not apply; and
(1)(c) either:
(1)(c)(i) the responding party fails to establish a prima facie case as to each essential element of the cause of action; or
(1)(c)(ii) the moving party establishes that:

(1)(c)(ii)(A) the responding party failed to state a cause of action upon which relief can be granted; or
(1)(c)(ii)(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.
(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.
(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.