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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Virginia 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 to challenge a default judgment that was obtained against a defendant who was never properly served or did not appear in court. This affidavit is filed in the Virginia court system and can be used to request the court to reopen the case and consider new evidence. Keywords: Virginia, Affidavit, Motion for Writ of Error Coral Obis, Default Judgment, Defendant, Appear, Served. Types of Virginia 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. Affidavit of Non-Service: This type of affidavit is used when the defendant is claiming that they were never served with the initial lawsuit papers or any subsequent legal documents related to the case. The affidavit will detail the defendant's attempts to locate and serve the documents on the defendant and any evidence supporting the claim of non-service. 2. Affidavit of Lack of Notice: This type of affidavit is used when the defendant claims that they were not properly noticed of the court proceedings or any hearings related to the case. The affidavit will explain the defendant's awareness or lack thereof regarding the court case and any evidence supporting their claim of lack of notice. 3. Affidavit of Excusable Neglect: This type of affidavit is used when the defendant admits to receiving the lawsuit papers but failed to respond or appear in court due to excusable neglect. The affidavit will explain why the defendant failed to respond or appear, such as illness, misinformation, or other valid reasons, and provide evidence to support their claim. 4. Affidavit of Meritorious Defense: This type of affidavit is used when the defendant asserts that they have a valid defense to the claims made against them in the lawsuit. The affidavit will outline the specific grounds for the defense and provide evidence or documentation supporting the claim. 5. Affidavit of Newly Discovered Evidence: This type of affidavit is used when the defendant has newly discovered evidence that was not available during the original trial or default judgment. The affidavit will detail the nature of the evidence, why it was not discovered earlier, and how it could potentially impact the outcome of the case. In conclusion, a Virginia 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 crucial legal document used to challenge an unjust default judgment. Various types of affidavits can be filed within this framework, based on the specific circumstances faced by the defendant.
