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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.
First, the statute of limitations is an affirmative defense, meaning that you must timely assert the defense as part of your response to the lawsuit. Secondly, it is sometimes not apparent when the three year period begins to run.