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Minnesota Statutes Declaratory, Corrective and Administrative Remedies (Ch. 553-569) § 554.13. Dismissal of cause of action in whole or part

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) In ruling on a motion undersection 554.09, the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1) the moving party establishes undersection 554.08, paragraph (b), thatsections 554.07to554.19apply;

(2) the responding party fails to establish undersection 554.08, paragraph (c), thatsections 554.07to554.19do not apply; and

(3) 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:

(A) the responding party failed to state a cause of action 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 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 undersection 554.09does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses undersection 554.16.

(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 undersection 554.09establishes for the purpose ofsection 554.16that the moving party prevailed on the motion.

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Cite this article: FindLaw.com - Minnesota Statutes Declaratory, Corrective and Administrative Remedies (Ch. 553-569) § 554.13. Dismissal of cause of action in whole or part - last updated January 01, 2025 | https://codes.findlaw.com/mn/declaratory-corrective-and-administrative-remedies-ch-553-569/mn-st-sect-554-13/

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