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Introduced Version Senate Bill 316 History

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Key: Green = existing Code. Red = new code to be enacted

Senate Bill No. 316

(By Senator Palumbo)

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[Introduced January 10, 2014; referred to the Committee on the Judiciary.]

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A BILL to amend and reenact §55-2-21 of the Code of West Virginia, 1931, as amended, relating to tolling the statute of limitations in certain cases; limiting the circumstances within which the statute of limitations is tolled for the institution of third-party complaints associated with pending civil actions; and clarifying that this section does not limit the doctrine of equitable tolling or the discovery rule.

Be it enacted by the Legislature of West Virginia:

    That §55-2-21 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 2. LIMITATION OF ACTIONS AND SUITS.

§55-2-21. Statutes of limitation tolled on claims assertible in civil actions when actions commence.

    (a) After a civil action is commenced, the running of any statute of limitation shall be is tolled for, and only for, the pendency of that civil action as to any claim which has been or may be asserted therein in the civil action by counterclaim, whether compulsory or permissive or cross-claim: or third-party complaint: Provided, That if any such a permissive counterclaim would be barred but for the provisions of this section, such the permissive counterclaim may be asserted only in the action tolling the statute of limitations under this section.

    (b) When a civil action is commenced within sixty days prior to the expiration of the limitation period for commencement of the civil action and a defending party or parties desire to institute a third-party complaint, the running of the period of limitations against the action is tolled for a period of days such that the defending party has sixty days from the actual service of process of the complaint against the defending party within which to institute a third-party complaint: Provided, That any new party brought into litigation by a third-party complaint also has the benefit of the tolling of the statute of limitations stated in this section to institute any counterclaim, cross-claim or third-party complaint of its own within sixty days of actual service of process.

    (c) This section shall be deemed to toll tolls the running of any statute of limitation with respect to any claim for which the statute of limitation has not expired on the effective date of this section, but only for so long as the action tolling the statute of limitations is pending. This section does not limit the ability of a court to use the doctrine of equitable tolling or the discovery rule to toll the statute of limitations in any action.




    NOTE: The purpose of this bill is to limit the tolling of the statute of limitations with regard to third-party complaints and cross-claims within a civil action to be filed within a reasonable time.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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