T206 Young ... Justice!

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Posted By: boxingcardman

"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. If the defendant does not do so, he is regarded as having waived the defense and will not be permitted to use it in any subsequent proceedings."

You should plead it but if the facts supporting it are discovered and litigated, you can conform to proof at the end of the trial and assert any defense you proved up.

Sic Gorgiamus Allos Subjectatos Nunc