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

Posted by Why Chat (209.240.198.61) on March 13, 2003 at 20:52:14:

In Reply to: Re: 3-13-2003 post-being sued after sol. Whats this posted by lawguy on March 13, 2003 at 20:39:24:

Welllll-- "lawguy" is again "technically" correct, HOWEVER, in practice, the plaintiff has usually shot himself in the foot.

If the complaint gives a "cause of action" i.e. a default date, and that date is beyond SOL,then there is only a requirement that the defendent answer with an affirmative defense of SOL, and bring proof through reference to the appropriate State statues that the case is time-barred.

As to the paintiff demanding "proof" of dates from the defendant in discovery, it is my understanding that an affirmative defense must be DISPROVED by the plaintiff and that no demand for discovery can require the defendant to furnish information adverse to their defense.

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