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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
A California 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 used to challenge a default judgment that was entered against a defendant who did not appear in court and claims to not have been properly served with the initial lawsuit papers. This affidavit plays a crucial role in seeking to set aside the default judgment and provides the court with compelling reasons for doing so. Keywords: California, affidavit, support, motion, writ of error coral obis, default judgment, defendant, not appear, not served. Types of California Affidavits 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 of Lack of Service: This affidavit is used when the defendant wants to challenge the default judgment based on the claim that they were not properly served with the initial lawsuit papers. It presents evidence and details to support the assertion that the defendant did not receive proper service. 2. Affidavit of Excusable Neglect: This type of affidavit is filed when the defendant failed to appear at the original court hearing due to circumstances beyond their control. It explains the reasons why the defendant did not appear as well as the efforts made by the defendant to rectify the situation promptly. 3. Affidavit of Meritorious Defense: This affidavit is used to demonstrate to the court that the defendant has a valid and substantial defense meriting a fair hearing on the merits of the case. It presents evidence, facts, and legal arguments indicating that the default judgment should be set aside to provide an opportunity for the defendant to present their defense. 4. Affidavit of Due Diligence: This affidavit is employed when the defendant can prove that they made diligent efforts to respond to the lawsuit and that their failure to appear was not due to negligence or intentional disregard of the legal proceedings. It highlights the defendant's actions taken to find out about the lawsuit and the reasons why they were unable to participate. Each of these types of affidavits serves a specific purpose in challenging a default judgment based on the defendant's failure to appear and lack of proper service. They provide the necessary supporting evidence and arguments to persuade the court to set aside the default judgment and allow the defendant an opportunity to defend themselves.A California 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 used to challenge a default judgment that was entered against a defendant who did not appear in court and claims to not have been properly served with the initial lawsuit papers. This affidavit plays a crucial role in seeking to set aside the default judgment and provides the court with compelling reasons for doing so. Keywords: California, affidavit, support, motion, writ of error coral obis, default judgment, defendant, not appear, not served. Types of California Affidavits 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 of Lack of Service: This affidavit is used when the defendant wants to challenge the default judgment based on the claim that they were not properly served with the initial lawsuit papers. It presents evidence and details to support the assertion that the defendant did not receive proper service. 2. Affidavit of Excusable Neglect: This type of affidavit is filed when the defendant failed to appear at the original court hearing due to circumstances beyond their control. It explains the reasons why the defendant did not appear as well as the efforts made by the defendant to rectify the situation promptly. 3. Affidavit of Meritorious Defense: This affidavit is used to demonstrate to the court that the defendant has a valid and substantial defense meriting a fair hearing on the merits of the case. It presents evidence, facts, and legal arguments indicating that the default judgment should be set aside to provide an opportunity for the defendant to present their defense. 4. Affidavit of Due Diligence: This affidavit is employed when the defendant can prove that they made diligent efforts to respond to the lawsuit and that their failure to appear was not due to negligence or intentional disregard of the legal proceedings. It highlights the defendant's actions taken to find out about the lawsuit and the reasons why they were unable to participate. Each of these types of affidavits serves a specific purpose in challenging a default judgment based on the defendant's failure to appear and lack of proper service. They provide the necessary supporting evidence and arguments to persuade the court to set aside the default judgment and allow the defendant an opportunity to defend themselves.
