Statute of limitations; promises not to plead. (HB409)

Introduced By

Del. Jason Ballard (R-Pearisburg) with support from co-patron Del. Jeff Campbell (R-Marion)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Promises not to plead the statute of limitations. Specifies that a written promise not to plead the statute of limitations is valid only when such written promise is made to avoid or defer litigation pending settlement of any cause of action that has accrued in favor of the promisee against the promisor. The bill further replaces the current requirement of validity that such promise not be made contemporaneously with any other contract with the requirement that the written promise be signed by the promisor or his agent. Finally, the bill specifies that the promisee must commence an action asserting such cause of action within the earlier of the applicable limitations period running from the date the written promise is made or any shorter time provided for in the written promise for such promise to be valid; current law requires that any such written promise may be made for an additional term not longer than the applicable limitations period in order to be valid. The bill provides that its provisions apply only to written promises not to plead the statute of limitations made on or after July 1, 2022. The bill as introduced was a recommendation of the Boyd-Graves Conference. Read the Bill »


Bill Has Passed


01/11/2022Prefiled and ordered printed; offered 01/12/22 22101575D
01/11/2022Referred to Committee for Courts of Justice
01/21/2022Assigned Courts sub: Subcommittee #2
01/24/2022Subcommittee recommends reporting (7-Y 1-N)
01/28/2022Reported from Courts of Justice (15-Y 3-N) (see vote tally)
02/01/2022Read first time
02/02/2022Read second time and engrossed
02/03/2022Read third time and passed House (94-Y 6-N)
02/03/2022VOTE: Passage (94-Y 6-N) (see vote tally)
02/04/2022Constitutional reading dispensed
02/04/2022Referred to Committee on the Judiciary
02/16/2022Reported from Judiciary with amendment (14-Y 0-N) (see vote tally)
02/18/2022Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/21/2022Read third time
02/21/2022Reading of amendment waived
02/21/2022Committee amendment agreed to
02/21/2022Engrossed by Senate as amended
02/21/2022Passed Senate with amendment (40-Y 0-N) (see vote tally)
02/23/2022Senate amendment agreed to by House (100-Y 0-N)
02/23/2022VOTE: Adoption (100-Y 0-N) (see vote tally)
02/25/2022Bill text as passed House and Senate (HB409ER)
02/25/2022Signed by Speaker
02/25/2022Signed by President
03/11/2022Enrolled Bill communicated to Governor on March 11, 2022
03/11/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 477 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0477)

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