Oklahoma Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served

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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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.

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FAQ

The phrase Coram Nobis is Latin meaning ?the errors before us?. In New York and many other states the Coram Nobis is the remedy to bring when there is no other statutory remedy. In New York Coram Nobis remains part of the common law; however, under Federal law Coram Nobis has been codified under the All Writs Act.

Once a plaintiff has obtained a default judgment against a defendant, they can use it to collect a debt or damages in several ways. Collection efforts may include wage garnishments, property liens, seizure of assets held in bank accounts, and more.

Revised 9-15-21. (a) A default judgment or administrative order may be entered, without formal motion or notice of taking of default, when: (1) after statutory requirements for service have been met, a party fails to: (A) appear for a set hearing date; (B) file a responsive pleading; or.

A default is a failure to perform a duty in legal proceedings. A default judgment is binding, and the defaulting defendant may not litigate his case or present any evidence. A civil action default judgment will grant the amount of relief sought in a plaintiff's complaint.

Under Rule 55 of the Federal Rules of Civil Procedure, when a defendant has failed to appear and deferred within the prescribed time limits, application may be made for Clerk's Entry of Default and for Default Judgment.

Motions for Summary Judgment Per Local Rule 7056-1: After the Motion is filed, the Court will set a 14 day deadline for the filing of a Response Brief. Once a Response is filed, the Court will set a 14 day deadline for the filing of a Reply.

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Oklahoma Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served