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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Massachusetts 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 Massachusetts. This affidavit is used when a defendant who has not appeared in court or been properly served with a summons seeks to challenge a default judgment entered against them. The purpose of this affidavit is to provide detailed information and evidence supporting the defendant's claim that they were not properly served with the summons or did not have sufficient notice of the legal proceedings. By filing this affidavit, the defendant is requesting the court to issue a Writ of Error Coral Obis, which is a writ designed to correct errors in a judgment. Some relevant keywords to include in the content are: 1. Massachusetts: This refers to the state where the affidavit is being filed, indicating the jurisdiction of the court. 2. Affidavit: This refers to a sworn statement made under oath by the defendant, providing factual information and supporting evidence. 3. Motion: This refers to a formal request made to the court, seeking a specific action in the legal proceedings. 4. Writ of Error Coral Obis: This refers to the legal remedy requested by the defendant, aiming to correct errors in the judgment entered against them. 5. Default: This refers to a situation where a defendant fails to file a response or appear in court, resulting in a default judgment being entered against them. 6. Default judgment: This refers to a judgment entered by the court in favor of the plaintiff due to the defendant's failure to appear or respond to the legal proceedings. 7. Defendant: This refers to the individual against whom a legal action is being pursued, claiming they did not appear or receive proper service of the summons. Different types or variations of the Massachusetts 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 may include specific sections or content tailored to the circumstances of the case, such as: 1. Affidavit for Lack of Proper Service: If the defendant contends that they were not properly served with the summons, this type of affidavit may contain details about the attempts made to serve them and any evidence supporting their claim. 2. Affidavit for Lack of Notice or Knowledge of Suit: If the defendant was unaware of the legal proceedings, this type of affidavit may include information about their lack of notice, such as changes in address or an absence of communication from the court or plaintiff. 3. Affidavit for Defective Summons: If the defendant received a summons that was defective or did not comply with legal requirements, this type of affidavit may highlight the specific deficiencies and provide supporting evidence. It's important to consult with a qualified attorney in Massachusetts to tailor the affidavit and motion to the specific facts and circumstances of the case, as legal requirements and procedures may vary.
