8.01-233 - When action deemed brought on counterclaim or cross-claim; when statute of limitations tolled; defendant's consent required for dismissal. - Virginia Statutes

§ 8.01-233. When action deemed brought on counterclaim or cross-claim; whenstatute of limitations tolled; defendant's consent required for dismissal.

A. A defendant who pleads a counterclaim or cross-claim shall be deemed tohave brought an action at the time he files such pleading.

B. If the subject matter of the counterclaim or cross-claim arises out of thesame transaction or occurrence upon which the plaintiff's claim is based, thestatute of limitations with respect to such pleading shall be tolled by thecommencement of the plaintiff's action.

(Code 1950, § 8-244; 1954, c. 611; 1977, c. 617.)