Expiration of the applicable statute of limitations period is an affirmative defense.

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An affirmative defense is a defense raised by the defendant that admits the allegations made by the plaintiff but provides additional facts that, if proven, defeat the plaintiff's claim. Expiration of the statute of limitations is one such defense, and it must be raised by the defendant in its response to the plaintiff's complaint to be considered.

Expiration of the Applicable Statute of Limitations Period Is an Affirmative