Re: 3-13-2003 post-being sued after sol. Whats this

Posted by lawguy (151.205.69.193) on March 13, 2003 at 16:04:48:

In Reply to: 3-13-2003 post-being sued after sol. Whats this posted by margo on March 13, 2003 at 15:22:52:

Generally, for most states:

One, the defendant must plead a SOL defense affirmatively in his Answer or Amended Answer. Failure to do so is a waiver of the defense.

Second, the defense may be waived by the party in whose favor the limitations statute has run.

Third, the defendant has the burden of proving by a preponderance of the evidence that the limitations period has run.

So, a judgment could be rendered on a claim on which the limitations period has run if the defendant waived the defense, either explicitly or implicitly, or was unable to prove that the period had run.

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