A defendant is not confined to denials of the allegations of the complaint or petition, but is entitled to set out new matter in defense or as a basis for affirmative relief. Any complaint or petition for relief in a court must be filed within the statutory time limit (Statute of Limitations). These statutes vary from state to state.
This form is a generic example of an answer and affirmative defense that may be referred to when preparing such a pleading for your particular state.
In the state of Illinois, when a defendant is faced with a civil lawsuit and wants to assert the affirmative defense of the cause of action being barred by the appropriate statute of limitations, they must file an Illinois Answer. An Illinois Answer is a response to a complaint that sets forth the defendant's position and defenses. The primary purpose of an Illinois Answer is to inform the court and the plaintiff of the defendant's position regarding the alleged cause of action. It allows the defendant to assert various affirmative defenses, including the defense that the cause of action is time-barred by the applicable statute of limitations. The statute of limitations is a legal time limit within which a lawsuit must be filed. If the lawsuit is not initiated within this prescribed time frame, the defendant can raise the affirmative defense of the cause of action being time-barred. When filing an Illinois Answer, the defendant must adhere to specific guidelines outlined in the Illinois Code of Civil Procedure. The Answer should be filed within 30 days after being served with the complaint, or the defendant may be subject to a default judgment. The Illinois Answer should include a clear and concise statement of the defendant's response to each paragraph of the complaint. If the defendant intends to assert the affirmative defense of the cause of action being barred by the appropriate statute of limitations, they should specifically address this defense in their Answer. The defendant must indicate the relevant statute of limitations that applies to the cause of action and explain why the plaintiff's claim is time-barred. It is important for defendants to seek legal representation when preparing an Illinois Answer, especially when dealing with affirmative defenses like the statute of limitations. The appropriate statute of limitations may vary depending on the type of lawsuit. Some common types of civil lawsuits where the affirmative defense of the statute of limitations may be asserted include: 1. Personal Injury Claims: In cases involving injuries resulting from accidents, medical malpractice, or product liability, the defendant may argue that the plaintiff filed their claim after the statute of limitations expired. 2. Breach of Contract Claims: In contract disputes, the defendant may contend that the plaintiff initiated legal action outside the time frame specified by the statute of limitations. 3. Property Disputes: When disagreements arise over real estate matters, the defendant might assert that the plaintiff's claim is time-barred under the applicable statute of limitations. 4. Professional Negligence Claims: In professional malpractice cases, such as those involving lawyers, accountants, or architects, the defendant may argue that the plaintiff failed to file their claim within the prescribed time limits. It is essential to accurately identify and assert the appropriate statute of limitations defense in an Illinois Answer, as the failure to do so could result in the forfeiture of this defense. Therefore, seeking legal advice is strongly recommended in order to understand the specific requirements and nuances associated with an Illinois Answer and the affirmative defense of the statute of limitations.
