(1) The court, at any time before the final submission of the cause, on the motion of the defendant, may allow a counterclaim or setoff set up in the answer to be withdrawn. The same may become the subject of another action. On motion of either party, to be made at the time such counterclaim or setoff is withdrawn, an action on the same shall be docketed and proceeded in as in like cases after process. The court shall direct the time and manner of pleading therein. If an action be not so docketed, it may afterwards be commenced in the ordinary way.
(2) Notwithstanding the provisions of subsection
(1) of this section, a motion for directed verdict or dismissal may be made by a defendant without withdrawing a counterclaim or cross-petition. In the event such motion for directed verdict or dismissal is overruled the trial may proceed to final submission of the cause including the counterclaim or cross-petition. In the event such motion for directed verdict or dismissal is sustained, the counterclaim or cross-petition shall be continued as a separate cause and trial thereon had at a subsequent jury the same as if it had been filed as a separate action.