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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Keywords: Washington affidavit, motion for writ of error coral obis, default judgment, defendant, not appeared, not served. Detailed Description: A Washington 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 the state of Washington to challenge a default judgment that has been obtained against a defendant who did not appear in court and was not properly served with the necessary legal documents. This type of affidavit is typically used when a defendant learns that a default judgment has been entered against them, despite not having any knowledge of the legal proceedings or having an opportunity to present their case in court. The affidavit serves as a means to seek relief from the default judgment and have the case re-examined. The affidavit should provide a detailed account of the circumstances of the default judgment. It is essential to include information about why the defendant did not appear in court and was not properly served with the necessary legal documents within a reasonable timeframe. The affidavit should explain any extenuating circumstances that prevented the defendant from participating in the legal proceedings, such as lack of notice, illness, or any other valid reasons. Moreover, the affidavit should state the specific errors or irregularities in the default judgment procedure that warrant a motion for a writ of error coral obis. This may include procedural errors committed by the court, misrepresentation of facts, or any other violations of the defendant's rights that affected the fairness and due process of the proceedings. The Washington affidavit in support of a motion for writ of error coral obis regarding default and default judgment taken against a defendant who did not appear and was not served can be of various types, depending on the specific circumstances of the case. Some potential types of affidavits related to this matter include: 1. Affidavit of Lack of Service: This affidavit would detail how the defendant was not properly served with the legal summons, preventing them from participating in the court proceedings. 2. Affidavit of Lack of Notice: This type of affidavit would explain how the defendant did not receive proper notification or notice of the court hearings or the lawsuit, leading to their absence in court. 3. Affidavit of Excusable Neglect: This affidavit would outline any valid reasons for the defendant's failure to appear in court, such as illness, personal emergencies, or other circumstances beyond their control. In conclusion, a Washington 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 vital legal instrument used to challenge default judgments obtained against defendants who were unaware of the proceedings. By filing this affidavit, defendants can request the court to review the default judgment and rectify any procedural errors or violations of their rights.Keywords: Washington affidavit, motion for writ of error coral obis, default judgment, defendant, not appeared, not served. Detailed Description: A Washington 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 the state of Washington to challenge a default judgment that has been obtained against a defendant who did not appear in court and was not properly served with the necessary legal documents. This type of affidavit is typically used when a defendant learns that a default judgment has been entered against them, despite not having any knowledge of the legal proceedings or having an opportunity to present their case in court. The affidavit serves as a means to seek relief from the default judgment and have the case re-examined. The affidavit should provide a detailed account of the circumstances of the default judgment. It is essential to include information about why the defendant did not appear in court and was not properly served with the necessary legal documents within a reasonable timeframe. The affidavit should explain any extenuating circumstances that prevented the defendant from participating in the legal proceedings, such as lack of notice, illness, or any other valid reasons. Moreover, the affidavit should state the specific errors or irregularities in the default judgment procedure that warrant a motion for a writ of error coral obis. This may include procedural errors committed by the court, misrepresentation of facts, or any other violations of the defendant's rights that affected the fairness and due process of the proceedings. The Washington affidavit in support of a motion for writ of error coral obis regarding default and default judgment taken against a defendant who did not appear and was not served can be of various types, depending on the specific circumstances of the case. Some potential types of affidavits related to this matter include: 1. Affidavit of Lack of Service: This affidavit would detail how the defendant was not properly served with the legal summons, preventing them from participating in the court proceedings. 2. Affidavit of Lack of Notice: This type of affidavit would explain how the defendant did not receive proper notification or notice of the court hearings or the lawsuit, leading to their absence in court. 3. Affidavit of Excusable Neglect: This affidavit would outline any valid reasons for the defendant's failure to appear in court, such as illness, personal emergencies, or other circumstances beyond their control. In conclusion, a Washington 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 vital legal instrument used to challenge default judgments obtained against defendants who were unaware of the proceedings. By filing this affidavit, defendants can request the court to review the default judgment and rectify any procedural errors or violations of their rights.
