8.01-235 - Bar of expiration of limitation period raised only as affirmative defense in responsive pleading.
§ 8.01-235. Bar of expiration of limitation period raised only as affirmativedefense in responsive pleading.
The objection that an action is not commenced within the limitation periodprescribed by law can only be raised as an affirmative defense specificallyset forth in a responsive pleading. No statutory limitation period shall havejurisdictional effects and the defense that the statutory limitation periodhas expired cannot be set up by demurrer. This section shall apply to alllimitation periods, without regard to whether or not the statute prescribingsuch limitation period shall create a new right.
(1977, c. 617.)