Under what circumstances can a plaintiff obtain a six-month continuance on the statute of limitations, and when cannot they?

• A. Can: dismissal on the merits; Can't: lack of PJ
• B. Can: action commenced timely but dismissed before trial; Can't: dismissal not on the merits
• C. Can: neglect to prosecute; Can't: voluntary discontinuance
• D. Can: voluntary discontinuance; Can't: dismissal for lack of PJ

Answer: (B)

The six-month continuance is a tolling rule that protects a valid claim when the first suit is timely filed but ends before trial for reasons that are not based on the merits. In other words, if you start the action within the time limit and the case is terminated before trial for procedural reasons (not because the claim itself is meritless), you can file a new action on the same claim within six months after dismissal. That’s why the scenario described—timely filing followed by dismissal before trial—fits the rule: it triggers the six-month window to bring a new action on the same claim, provided the dismissal isn’t on the merits. If the dismissal is on the merits, or if the action is voluntarily discontinued, the six-month saving does not apply.