Virginia § 8.01-235 Bar of expiration of limitation period raised only as affirmative defense in responsive pleading

Virginia Statutes

§ 8.01-235 — Bar of expiration of limitation period raised only as affirmative defense in responsive pleading

Virginia § 8.01-235

Title 8.01Civil Remedies and Procedure

Ch. 4LIMITATIONS OF ACTIONS

Art. 1IN GENERAL

This text of Virginia § 8.01-235 (Bar of expiration of limitation period raised only as affirmative defense in responsive pleading) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 8.01-235 (2026).

Text

The objection that an action is not commenced within the limitation period prescribed by law can only be raised as an affirmative defense specifically set forth in a responsive pleading. No statutory limitation period shall have jurisdictional effects and the defense that the statutory limitation period has expired cannot be set up by demurrer. This section shall apply to all limitation periods, without regard to whether or not the statute prescribing such limitation period shall create a new right.

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The objection that an action is not commenced within the limitation period prescribed by law can only be raised as an affirmative defense specifically set forth in a responsive pleading. No statutory limitation period shall have jurisdictional effects and the defense that the statutory limitation period has expired cannot be set up by demurrer. This section shall apply to all limitation periods, without regard to whether or not the statute prescribing such limitation period shall create a new right.