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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.
Statute of Limitations: Overview. Under a legal rule known as the  statute of limitations , any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person's legal claim will be barred and his or her right to sue will be lost forever.