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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.
A statute of limitations is a law that states how long you have to bring a lawsuit after something happens. For instance, in New York, you generally have 3 years from the date of a car accident or slip and fall to bring a lawsuit for injuries you may have suffered.