West Virginia Code § 55-2-21

Statutes of limitation tolled on claims assertible in civil actions when
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actions commence.
(a) After a civil action is commenced, the running of any statute of limitation is tolled for,
and only for, the pendency of that civil action as to any claim that has been or may be
asserted in the civil action by counterclaim, whether compulsory or permissive, or cross-
claim : Provided, That if a permissive counterclaim would be barred but fore the provisions of
this section, the permissive counterclaim may be asserted only in the action tolling the
statute of limitations under this section. This section shall be deemed tor 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.
(b) Any defendant who desires to file a third-party complaint shall have one hundred eighty
days from the date of service of process of the original complaint, or the time remaining on
the applicable statute of limitations, whichever is longer, to bring any third-party complaint
against any non-party person or entity: Provided, That any new party brought into litigation
by a third-party complaint shall be afforded, frsom the date of service of process of the third-
party complaint, an additional 180-day period, or the remaining statute of limitations period,
whichever is longer, to file any third-party complaint of its own, and any applicable statute of
limitation shall be tolled during thisg time period.
(c) For purposes of this sectione, the term "third-party complaint" means a claim brought by a
defendant against any person or entity that was not originally a party to the underlying civil
action, where the new cLlaim is made a part of the underlying civil action.
(d) This section 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
theW statute of limitations in any action, including any third-party complaint that would
otherwise be subject to subsection (b) of this section.

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