In EVERY state it is well settled law that the defendant must prove that the plaintiffs claim is barred by the statute of limitations, if that is one of the defendants defenses.

In other words, the defendant must prove that the cause of action "accrued" such that the limitations period has run by the time the plaintiff filed his complaint.

The defendant must prove this by a "preponderance of the evidence." This means he must prove that it is "more likely than not" that the cause of action acrued such that the limitations period has already run. i.e., that it is "51% likely."

If the defendant can offer evidence to this, then it is the plaintiffs burden to prove by a preponderance of the evidence that the limitations period has been tolled, for whatever reason.

If you plead the defense of limitations, then the date the plaintiffs cause of action accrued is a material fact in issue. Thus, you would have a right to seek discovery from the plaintiff on this issue. i.e. you could file requests for production of the defendants records concerning when the cause of action accrued.

As for the other "information" I have given which you consider "bad", I suggest you do your own research instead of simply believing what sounds good.

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