Most litigators know to check the “statute of limitation” as an early step in any litigation. However, even seasoned litigators may be less familiar with a “statute of repose.” It sounds like antiquated common law, but a statute of repose can have a significant impact on litigation. Outside certain practice areas it may not be an issue that comes up on a regular basis. This is certainly true when compared to a statute of limitation, which is a concept that may be familiar to even nonattorneys.

A statute of repose is like a bulked-up statute of limitations. While there can be many defenses that can be asserted in response to an alleged failure to comply with the applicable statute of limitation, there are typically very few defenses to a failure to comply with the statute of repose. Thus, where it applies, the statute of repose can have a significant and lasting impact.

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