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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
North Carolina 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 in North Carolina courts in cases where a defendant has not appeared in court and was not properly served with legal papers. This affidavit is a crucial step in the process of seeking a writ of error coral obis to challenge a default judgment. The purpose of this affidavit is to provide a detailed account of the circumstances of the defendant's failure to appear and lack of proper service. It is a sworn statement that contains relevant facts and evidence supporting the claim that the defendant was not aware of the lawsuit against them and had no opportunity to present a defense. This affidavit may include the following key elements: 1. Defendant's identification: Provide the full legal name, address, and contact information of the defendant. 2. Explanation of non-appearance: Describe the reasons why the defendant did not appear in court on the specified date, emphasizing any factors that were beyond their control or understanding. 3. Lack of service: Explain how the defendant was not properly served with the legal papers required to notify them of the lawsuit. Include details on the methods (if any) attempted by the plaintiff or their representative, highlighting any irregularities or deficiencies. 4. Lack of knowledge regarding the lawsuit: Assert that the defendant had no knowledge of the lawsuit against them until after the default judgment was entered. This may involve detailing the defendant's efforts to stay informed about legal matters or any circumstances that hindered their receipt of relevant information. 5. Supporting evidence: Attach any supporting documentation that corroborates the claims made in the affidavit. This may include proof of address change, testimony from witnesses, records of attempts to serve the defendant, or any other relevant documents. Different types or variations of this affidavit may exist depending on the specific circumstances of the case. For example, there may be instances where the defendant had some knowledge of the lawsuit but did not comprehend its significance or how to respond, thus still supporting the claim for a writ of error coral obis. It is important to consult with a legal professional to ensure that the North Carolina 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 tailored accurately to the specific case and complies with all applicable laws and regulations.North Carolina 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 in North Carolina courts in cases where a defendant has not appeared in court and was not properly served with legal papers. This affidavit is a crucial step in the process of seeking a writ of error coral obis to challenge a default judgment. The purpose of this affidavit is to provide a detailed account of the circumstances of the defendant's failure to appear and lack of proper service. It is a sworn statement that contains relevant facts and evidence supporting the claim that the defendant was not aware of the lawsuit against them and had no opportunity to present a defense. This affidavit may include the following key elements: 1. Defendant's identification: Provide the full legal name, address, and contact information of the defendant. 2. Explanation of non-appearance: Describe the reasons why the defendant did not appear in court on the specified date, emphasizing any factors that were beyond their control or understanding. 3. Lack of service: Explain how the defendant was not properly served with the legal papers required to notify them of the lawsuit. Include details on the methods (if any) attempted by the plaintiff or their representative, highlighting any irregularities or deficiencies. 4. Lack of knowledge regarding the lawsuit: Assert that the defendant had no knowledge of the lawsuit against them until after the default judgment was entered. This may involve detailing the defendant's efforts to stay informed about legal matters or any circumstances that hindered their receipt of relevant information. 5. Supporting evidence: Attach any supporting documentation that corroborates the claims made in the affidavit. This may include proof of address change, testimony from witnesses, records of attempts to serve the defendant, or any other relevant documents. Different types or variations of this affidavit may exist depending on the specific circumstances of the case. For example, there may be instances where the defendant had some knowledge of the lawsuit but did not comprehend its significance or how to respond, thus still supporting the claim for a writ of error coral obis. It is important to consult with a legal professional to ensure that the North Carolina 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 tailored accurately to the specific case and complies with all applicable laws and regulations.
