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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 Definition. Statute of limitations is a blanket term used to describe state statutes that specify the time limit that a plaintiff has to file a complaint or that the prosecutor has to file criminal charges. Thus, if this time has passed, the plaintiff or prosecutor is barred from initiating a case against the defendant.