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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
An Oregon 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 Oregon courts to address situations where a default judgment was improperly made against a defendant who never appeared or received proper service. Keywords: Oregon, Affidavit, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Appear, Served. Types of Oregon 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 Non-Appearance and Lack of Proper Service: This type of affidavit is filed when the defendant claims that they never appeared in court or received proper service of the summons and complaint, leading to the improper default judgment. 2. Supporting Affidavit with Evidence of No Appearance or Service: This variation of the affidavit includes supporting evidence such as records, documents, and witness statements establishing that the defendant did not appear or receive proper service. It strengthens the credibility of the defendant's claim. 3. Affidavit of Lack of Notice: In certain cases, a defendant may assert that they were not provided with proper notice of the court proceedings, resulting in their failure to appear. This affidavit outlines the evidence supporting the lack of notice. 4. Affidavit Alleging Mistaken Identity: If the defendant believes that they were wrongly identified or mistaken for another person in the case, this type of affidavit is filed to challenge the default judgment due to the lack of proper identification. 5. Affidavit of Excusable Neglect: In instances where the defendant acknowledges receipt of the summons and complaint but claims they failed to appear due to excusable neglect, this affidavit is submitted, explaining the circumstances leading to their absence. 6. Affidavit Asserting a Meritorious Defense: This affidavit is filed when the defendant has substantial evidence supporting a valid defense to the claim that was made, challenging the default judgment on the grounds of having a valid defense that was not presented. It is important to consult with a qualified attorney to determine the specific type of Oregon Affidavit in Support of Motion for Writ of Error Coral Obis relevant to the circumstances of the case. The attorney will guide you through the legal process and help gather necessary evidence to support your claim.An Oregon 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 Oregon courts to address situations where a default judgment was improperly made against a defendant who never appeared or received proper service. Keywords: Oregon, Affidavit, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Appear, Served. Types of Oregon 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 Non-Appearance and Lack of Proper Service: This type of affidavit is filed when the defendant claims that they never appeared in court or received proper service of the summons and complaint, leading to the improper default judgment. 2. Supporting Affidavit with Evidence of No Appearance or Service: This variation of the affidavit includes supporting evidence such as records, documents, and witness statements establishing that the defendant did not appear or receive proper service. It strengthens the credibility of the defendant's claim. 3. Affidavit of Lack of Notice: In certain cases, a defendant may assert that they were not provided with proper notice of the court proceedings, resulting in their failure to appear. This affidavit outlines the evidence supporting the lack of notice. 4. Affidavit Alleging Mistaken Identity: If the defendant believes that they were wrongly identified or mistaken for another person in the case, this type of affidavit is filed to challenge the default judgment due to the lack of proper identification. 5. Affidavit of Excusable Neglect: In instances where the defendant acknowledges receipt of the summons and complaint but claims they failed to appear due to excusable neglect, this affidavit is submitted, explaining the circumstances leading to their absence. 6. Affidavit Asserting a Meritorious Defense: This affidavit is filed when the defendant has substantial evidence supporting a valid defense to the claim that was made, challenging the default judgment on the grounds of having a valid defense that was not presented. It is important to consult with a qualified attorney to determine the specific type of Oregon Affidavit in Support of Motion for Writ of Error Coral Obis relevant to the circumstances of the case. The attorney will guide you through the legal process and help gather necessary evidence to support your claim.
