Virginia Code 8.01-233: When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant’s consent required for dismissal
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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.
Terms Used In Virginia Code 8.01-233
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
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.
Code 1950, § 8-244; 1954, c. 611; 1977, c. 617.