CODE OF VIRGINIA

BAR OF EXPIRATION OF LIMITATION PERIOD RAISED ONLY AS AFFIRMATIVE DEFENSE IN
RESPONSIVE PLEADING (§ 8.01-235)

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.

HISTORY: 1977, c. 617.