Section 634G-6 - Dismissal of cause of action(a) In ruling on a motion under section 634G-3(a), the court shall dismiss with prejudice a cause of action or part of a cause of action if: (1) The moving party establishes under section 634G-2(a) that this chapter applies;(2) The responding party fails to establish under section 634G-2(b) that this chapter does not apply; and(3) Either: (A) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or(B) The moving party establishes that:(i) The responding party failed to state a cause of action upon which relief can be granted; or(ii) There is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law on the cause of action or part of the cause of action.(b) 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 634G-3(a) shall not affect a moving party's right to obtain a ruling on the motion and seek costs, reasonable attorney's fees, and reasonable litigation expenses under section 634G-9.(c) 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 634G-3(a) shall establish for the purpose of section 634G-9 that the moving party prevailed on the motion.Added by L 2022, c 96,§ 2, eff. 6/17/2022.