When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal
Applied in 9 court decisions — leading case Kawther al-Abood v. Nimat Mohammed Tayeb Elshamari (2000)
Most recently applied in Addison v. Jurgelsky (January 2011)
Code 1950, § 8-244; 1954, c. 611; 1977, c. 617.
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
A. A defendant who pleads a counterclaim or cross-claim shall be deemed to have brought an action at the time he files such pleading.
B. If the subject matter of the counterclaim or cross-claim arises out of the same transaction or occurrence upon which the plaintiff's claim is based, the statute of limitations with respect to such pleading shall be tolled by the commencement of the plaintiff's action.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.