Code of Virginia
Chapter 4 - Limitations of Actions
§ 8.01-235. Bar of expiration of limitation period raised only as affirmative defense in responsive pleading

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.
1977, c. 617.

Structure Code of Virginia

Code of Virginia

Title 8.01 - Civil Remedies and Procedure

Chapter 4 - Limitations of Actions

§ 8.01-228. Scope of limitations; "personal action" defined

§ 8.01-229. Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditor...

§ 8.01-230. Accrual of right of action

§ 8.01-231. Commonwealth not within statute of limitations

§ 8.01-232. Effect of promises not to plead statute of limitations

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

§ 8.01-234. Repeal of limitation not to remove bar of statute

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

§ 8.01-236. Limitation of entry on or action for land

§ 8.01-237. Effect of disabilities upon right of entry on, or action for, land

§ 8.01-238. To repeal grant

§ 8.01-239. Ground rents

§ 8.01-240. Liens for water, sewer, or sidewalk assessments

§ 8.01-241. Limitation of enforcement of deeds of trust, mortgages and liens for unpaid purchase money

§ 8.01-241.1. Permissible form for certificate

§ 8.01-242. Same; when no maturity date is given; credit line deeds of trust

§ 8.01-243. Personal action for injury to person or property generally; extension in actions for malpractice against health care provider

§ 8.01-243.1. Actions for medical malpractice; minors

§ 8.01-243.2. Limitations of actions by confined persons; exhaustion

§ 8.01-244. Actions for wrongful death; limitation

§ 8.01-245. Limitation on actions upon the bond of any fiduciaries or as to suits against fiduciaries themselves; accrual of cause of action where execution sustained

§ 8.01-246. Personal actions based on contracts

§ 8.01-247. When action on contract governed by the law of another state or country barred in Virginia

§ 8.01-247.1. Limitation on action for defamation, etc.

§ 8.01-248. Personal actions for which no other limitation is specified

§ 8.01-249. When cause of action shall be deemed to accrue in certain personal actions

§ 8.01-250. Limitation on certain actions for damages arising out of defective or unsafe condition of improvements to real property

§ 8.01-250.1. Limitation on actions involving removal of asbestos

§ 8.01-251. Limitations on enforcement of judgments

§ 8.01-252. Repealed

§ 8.01-253. Limitation of suits to avoid voluntary conveyances, etc.

§ 8.01-254. Limitation on enforcement of bequests and legacies

§ 8.01-255. Time for presenting claim against Commonwealth

§ 8.01-255.1. Limitation of action for breach of condition subsequent or termination of determinable fee simple estate

§ 8.01-255.2. Limitation on motion for new execution after loss of property sold under indemnity bond

§ 8.01-256. As to rights and remedies existing when this chapter takes effect