§55-2-21. Statutes of limitation tolled on claims assertible in
civil actions when actions commence.
After a civil action is commenced, the running of any statute
of limitation shall be tolled for, and only for, the pendency of
that civil action as to any claim which has been or may be asserted
therein by counterclaim, whether compulsory or permissive,
cross-claim or third-party complaint: Provided,
That if any such
permissive counterclaim would be barred but for the provisions of
this section, such permissive counterclaim may be asserted only in
the action tolling the statute of limitations under this section.
This section shall be deemed to toll 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.
Note: WV Code updated with legislation passed through the 2012 1st Special Session