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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Hawaii 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 Hawaii court system. This affidavit is typically used when a defendant was not properly served with a summons or was unaware of the lawsuit being filed against them, resulting in a default judgment being entered against them. When drafting this affidavit, it is important to include relevant keywords to ensure that the document is comprehensive and specific. Here is a detailed description along with relevant keywords: Title: Hawaii 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. Introduction: Begin the affidavit by providing the necessary parties' information, including your full name, address, and contact information. State your relationship to the case (e.g., defendant, counsel for the defendant), the court's name, and the case number. For example: "I, [Your Full Name], residing at [Your Address], hereby depose and state the following in support of my Motion for Writ of Error Coral Obis regarding the Default and Default Judgment taken against me in the case filed with [Court Name] under case number [Case Number]." 2. Background: Provide a detailed account of the events leading to the default judgment. Explain why you did not appear in court, emphasizing any circumstances related to improper or lack of service. Use keywords such as "non-service," "inadequate notice," "defendant's absence," "lack of awareness," "failure to receive summons," and "due process violation." For example: "I did not willfully refuse to appear in court, nor did I receive proper notice of the legal proceedings against me. The lack of service prevented me from having an opportunity to defend myself, resulting in an unjust default judgment being entered." 3. Lack of Service: Explicitly state that you were not properly served with the summons and complaint. Cite any specific deficiencies in the service process, such as incorrect address, failure to serve personally, etc. Use keywords like "insufficient service," "invalid service," "non-compliant summons," and "service of process error." For example: "The plaintiff failed to fulfill the necessary requirements for proper service of process, violating my constitutional right to due process. I was neither personally served with the summons and complaint nor received them by mail. This defective service directly contributed to my failure to respond to the lawsuit." 4. Supporting Documents: Attach any relevant documents that support your claims, such as postal records, witness statements, or affidavits. Mention these attachments in the affidavit, reinforcing their importance. Keywords related to supporting evidence may include "proof of non-delivery," "affidavit of witness," "certificate of mailing," and "postal records." For example: "I am attaching Exhibit A, a certified statement from [Witness's Name], attesting to the fact that I was not served with the summons and complaint. Additionally, Exhibit B consists of official postal records indicating that no mail was delivered to my address on the alleged date of service." 5. Relief Sought: Clearly state the relief sought through the Motion for Writ of Error Coral Obis. This may include setting aside the default judgment, reopening the case, and granting you an opportunity to defend yourself. Keywords here may include "vacate default judgment," "reopen case," "reasonable opportunity to be heard," and "remedy the due process violation." For example: "I respectfully request this Honorable Court to grant the Motion for Writ of Error Coral Obis and vacate the default judgment entered against me, thus allowing me the fair opportunity to present a defense and seek justice in this matter." It's worth noting that specific types or variations of this affidavit may exist, depending on the jurisdiction or unique circumstances of a case. However, the general template provided above can be adapted and expanded based on individual requirements while ensuring it aligns with local court rules and regulations.A Hawaii 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 Hawaii court system. This affidavit is typically used when a defendant was not properly served with a summons or was unaware of the lawsuit being filed against them, resulting in a default judgment being entered against them. When drafting this affidavit, it is important to include relevant keywords to ensure that the document is comprehensive and specific. Here is a detailed description along with relevant keywords: Title: Hawaii 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. Introduction: Begin the affidavit by providing the necessary parties' information, including your full name, address, and contact information. State your relationship to the case (e.g., defendant, counsel for the defendant), the court's name, and the case number. For example: "I, [Your Full Name], residing at [Your Address], hereby depose and state the following in support of my Motion for Writ of Error Coral Obis regarding the Default and Default Judgment taken against me in the case filed with [Court Name] under case number [Case Number]." 2. Background: Provide a detailed account of the events leading to the default judgment. Explain why you did not appear in court, emphasizing any circumstances related to improper or lack of service. Use keywords such as "non-service," "inadequate notice," "defendant's absence," "lack of awareness," "failure to receive summons," and "due process violation." For example: "I did not willfully refuse to appear in court, nor did I receive proper notice of the legal proceedings against me. The lack of service prevented me from having an opportunity to defend myself, resulting in an unjust default judgment being entered." 3. Lack of Service: Explicitly state that you were not properly served with the summons and complaint. Cite any specific deficiencies in the service process, such as incorrect address, failure to serve personally, etc. Use keywords like "insufficient service," "invalid service," "non-compliant summons," and "service of process error." For example: "The plaintiff failed to fulfill the necessary requirements for proper service of process, violating my constitutional right to due process. I was neither personally served with the summons and complaint nor received them by mail. This defective service directly contributed to my failure to respond to the lawsuit." 4. Supporting Documents: Attach any relevant documents that support your claims, such as postal records, witness statements, or affidavits. Mention these attachments in the affidavit, reinforcing their importance. Keywords related to supporting evidence may include "proof of non-delivery," "affidavit of witness," "certificate of mailing," and "postal records." For example: "I am attaching Exhibit A, a certified statement from [Witness's Name], attesting to the fact that I was not served with the summons and complaint. Additionally, Exhibit B consists of official postal records indicating that no mail was delivered to my address on the alleged date of service." 5. Relief Sought: Clearly state the relief sought through the Motion for Writ of Error Coral Obis. This may include setting aside the default judgment, reopening the case, and granting you an opportunity to defend yourself. Keywords here may include "vacate default judgment," "reopen case," "reasonable opportunity to be heard," and "remedy the due process violation." For example: "I respectfully request this Honorable Court to grant the Motion for Writ of Error Coral Obis and vacate the default judgment entered against me, thus allowing me the fair opportunity to present a defense and seek justice in this matter." It's worth noting that specific types or variations of this affidavit may exist, depending on the jurisdiction or unique circumstances of a case. However, the general template provided above can be adapted and expanded based on individual requirements while ensuring it aligns with local court rules and regulations.
