4120. Affirmative Defense Statute of Limitations

4120. Affirmative Defense--Statute of Limitations Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] contends that [name of plaintiff]'s lawsuit was not filed within the time set by law. To succeed on this defense, [name of defendant] must prove that [name of plaintiff]'s claimed harm occurred before [insert date four years before complaint was filed] unless [name of plaintiff] proves that before [insert date four years before complaint was filed], [he/she/it] did not discover, and did not know of facts that would have caused a reasonable person to suspect, [name of defendant]'s wrongful act or omission. ________________________________________________________________________________ New April 2007; Renumbered from CACI No. 4106 December 2007; Revised December 2012