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The statute of limitations is a defense that is ordinarily asserted by the defendant to defeat an action brought against him after the appropriate time has elapsed. Therefore, the defendant must plead the defense before the court upon answering the plaintiff's complaint.
Statutes of limitations set the deadline or maximum period of time within which a lawsuit or claim may be filed and vary depending on the circumstances of the case, the type of case or claim involved, and whether the lawsuit or claim is filed in state or federal court.