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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.
These statutes of limitation are absolute and the issue of whether a claim is time barred can be raised at any time during the litigation proceedings. In legal terms, this means that a statue of limitations is not an affirmative defense and can be raised for the first time on appeal in many jurisdictions.