Generally speaking, the writ of error coram nobis is employed, in cases where there is no other remedy, for the purpose of reviewing, correcting, or vacating a judgment in the same court in which it was rendered, on account of errors of fact. These errors of fact must affect the validity and regularity of the proceedings, and were not put in issue at the trial, or were unknown at the time of the trial to the party seeking relief without fault on his or her part. Also, the remedy may be available if such facts were unknown to the trial court, were not passed on by it, and, if known, would have prevented rendition of the judgment.
The writ of error coram nobis is not often granted in civil cases, but it is still available in some courts to correct an error of fact which resulted in the judgment. The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela. A writ of audita querela is a writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such judgment.
An Alabama Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served is a legal document filed in the state of Alabama by a defendant who was not properly served with a complaint or did not appear in court, resulting in a default judgment against them. This affidavit is used to request the court to review and potentially overturn the default judgment based on the lack of proper service or absence of notification to the defendant. Keywords: 1. Alabama Affidavit: This refers to the specific type of affidavit that is filed in the state of Alabama. 2. Motion for Writ of Error Coral Obis: This motion is filed in situations where a defendant seeks to have a court reopen a case due to errors or new evidence that was not available during the original trial. 3. Default Judgment: It is a judgment entered by the court in favor of the plaintiff when the defendant fails to respond or appear in court. 4. Defendant did not Appear: This refers to the situation where the defendant did not attend the court proceedings related to the case. 5. Defendant not Served: This implies that the defendant was not properly served with a complaint or legal notice regarding the lawsuit against them. Types of Alabama Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served: 1. Affidavit based on Lack of Proper Service: This affidavit focuses on the fact that the defendant was not properly served with a complaint, summons, or other legal documents related to the case. 2. Affidavit based on Lack of Notice to Defendant: This affidavit highlights that the defendant was not notified about the lawsuit or the court proceedings, thus preventing them from participating in their defense. 3. Affidavit based on Meritorious Defense: This affidavit asserts that if the defendant were given the opportunity to present their case, they have a valid defense against the plaintiff's claims. 4. Affidavit based on Excusable Neglect: This affidavit emphasizes that the defendant's failure to appear or respond to the lawsuit was due to circumstances beyond their control, such as illness, mistaken identity, or other legitimate reasons. It is important to note that the specific requirements and terminology may vary depending on the court and jurisdiction in Alabama. Consulting with an attorney familiar with Alabama's legal practices is advisable when drafting and filing these documents.An Alabama Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served is a legal document filed in the state of Alabama by a defendant who was not properly served with a complaint or did not appear in court, resulting in a default judgment against them. This affidavit is used to request the court to review and potentially overturn the default judgment based on the lack of proper service or absence of notification to the defendant. Keywords: 1. Alabama Affidavit: This refers to the specific type of affidavit that is filed in the state of Alabama. 2. Motion for Writ of Error Coral Obis: This motion is filed in situations where a defendant seeks to have a court reopen a case due to errors or new evidence that was not available during the original trial. 3. Default Judgment: It is a judgment entered by the court in favor of the plaintiff when the defendant fails to respond or appear in court. 4. Defendant did not Appear: This refers to the situation where the defendant did not attend the court proceedings related to the case. 5. Defendant not Served: This implies that the defendant was not properly served with a complaint or legal notice regarding the lawsuit against them. Types of Alabama Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served: 1. Affidavit based on Lack of Proper Service: This affidavit focuses on the fact that the defendant was not properly served with a complaint, summons, or other legal documents related to the case. 2. Affidavit based on Lack of Notice to Defendant: This affidavit highlights that the defendant was not notified about the lawsuit or the court proceedings, thus preventing them from participating in their defense. 3. Affidavit based on Meritorious Defense: This affidavit asserts that if the defendant were given the opportunity to present their case, they have a valid defense against the plaintiff's claims. 4. Affidavit based on Excusable Neglect: This affidavit emphasizes that the defendant's failure to appear or respond to the lawsuit was due to circumstances beyond their control, such as illness, mistaken identity, or other legitimate reasons. It is important to note that the specific requirements and terminology may vary depending on the court and jurisdiction in Alabama. Consulting with an attorney familiar with Alabama's legal practices is advisable when drafting and filing these documents.
