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.

History:

[6-3907, added 2025, ch. 17, sec. 1, p. 50.]