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Thomas Swartz
Thomas Swartz, Attorney
Category: Legal
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Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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The statue of limitations expired

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The statue of limitations expired during the discovery stage, can I use it as a defense? The trial is the 24 of April and the statue expires the 16 of April


No. The statute of limitations is the time period in which you can commence a legal action. And a legal action is commenced when the lawsuit is filed with the court (Alabama Rules of Civil Procedure Rule 3). Once a lawsuit is filed, and if the statute of limitations has not expired by the time of filing, the statute of limitations is no longer applicable.

In other words, it can not be used as a defense if the lawsuit was timely when the complaint was filed.

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