Can I file a motion for a non suit, and then refile the same lawsuit?

I recently filed a lawsuit against some individuals for various claims. It appears that the court has filed a dismissal motion for the case to be dismissed on January 20, 2009. I was wondering can I file a motion for a non suit, then refile the same lawsuit against the defendants. Also, when the defendants filed there answers, the filed a counterclaim. If I file the non suit motion will that kill the counter suit as well?Can I file a motion for a non suit, and then refile the same lawsuit?Yes, you can voluntarily dismiss your suit without prejudice and file again. I don't think a voluntary dismissal of your complaint would get rid of the counterclaims. When you say "the court has filed a dismissal motion," do you mean the defendants have filed a motion to dismiss and the court is hearing it on January 20? Usually it's the parties that file motions and the court responds to them. In any case, you need to worry more about figuring out whether they're in the right in moving to dismiss...if they aren't, argue against the motion next month and you should win. If they are, figure out if it's something that can be fixed - if it can't be, dismissing and refiling won't do you any good. If it can be, and dismissing and refiling your lawsuit will allow you to fix it, then go to it. Just be careful before you do that dismissing and refiling won't cause you to run afoul of a statute of limitations or anything.Can I file a motion for a non suit, and then refile the same lawsuit?If the court dismisses the entire action, then all claims and counterclaims are dismissed. If only the complaint is dismissed, then the counterclaims still proceed. Usually a dismissal is done with prejudice which means the action cannot be refiled. Federal civil procedure and most state procedural codes allow a voluntary dismissal without prejudice, but it requires all parties agree to it.