New Jersey § 2a:53a-55

§ 2a:53a-55.

Dismissal of cause of action in whole or part. a. In ruling on an order to show cause under section 3 of P.L.2023, c. 155 ( C.2A:53A-51 ), the court shall dismiss with prejudice a cause of action, or part of a cause of

action, if: (1) the moving party established under subsection b. of section 2 of P.L.2023, c. 155 ( C.2A:53A-50 ) that this act applies; (2) the responding party fails to establish under subsection c. of section 2 of P.L.2023, c. 155 ( C.2A:53A-50 ) that this act does not apply; and (3) either: (a) the responding party fails to establish a prima facie case as to each essential

element of any cause of action in the complaint; 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 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 an order to show cause under

section 3 of P.L.2023, c. 155 ( C.2A:53A-51 ) does not affect a moving party's right to obtain a ruling on the order to show cause

and seek costs, attorney's fees, and expenses under section 10 of P.L.2023, c. 155 ( C.2A:53A-58 ). c. A voluntary dismissal with prejudice of a responding's party cause of action, or

part of a cause of action, that is the subject of an order to show cause under section

3 of P.L.2023, c. 155 ( C.2A:53A-51 ) establishes for the purpose of section 10 of P.L.2023, c. 155 ( C.2A:53A-58 ) that the moving party prevailed on the motion.