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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
The Wyoming 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 that seeks to address instances where a default judgment has been taken against a defendant who had no knowledge of the lawsuit due to lack of service or failure to appear. Keywords: Wyoming, Affidavit, Motion for Writ of Error Coral Obis, Default Judgment, Defendant, Appear, Served. This affidavit serves as a means for the defendant to challenge the default judgment and request the court to reopen the case based on the coral obis doctrine. Coral obis is a legal process typically used when the court was not made aware of critical information that would have affected its decision. Different types of Wyoming 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 could include: 1. Affidavit of Lack of Service: This type of affidavit is used when the defendant claims they were not properly served with the complaint, summons, or any other notice regarding the lawsuit. It asserts that the defendant had no actual notice of the legal proceedings. 2. Affidavit of Lack of Notice: This type of affidavit is utilized when the defendant argues that they did not receive any notice of the lawsuit, such as through mail or publication. It establishes that the defendant was unaware of the legal action taken against them. 3. Affidavit of Lack of Appearance: This affidavit is applicable when the defendant asserts that they did not appear in court due to factors beyond their control or through negligence, resulting in a default judgment. It states that the defendant had a valid reason for their absence. Each affidavit should provide a comprehensive account of the circumstances of the default judgment and highlight the reasons why the defendant was unable to appear or remain unaware of the lawsuit. It is crucial to support the affidavit with any evidence or documentation that validates the claims made, such as proof of incorrect service, lack of notice, or extenuating circumstances that prevented the defendant's appearance.The Wyoming 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 that seeks to address instances where a default judgment has been taken against a defendant who had no knowledge of the lawsuit due to lack of service or failure to appear. Keywords: Wyoming, Affidavit, Motion for Writ of Error Coral Obis, Default Judgment, Defendant, Appear, Served. This affidavit serves as a means for the defendant to challenge the default judgment and request the court to reopen the case based on the coral obis doctrine. Coral obis is a legal process typically used when the court was not made aware of critical information that would have affected its decision. Different types of Wyoming 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 could include: 1. Affidavit of Lack of Service: This type of affidavit is used when the defendant claims they were not properly served with the complaint, summons, or any other notice regarding the lawsuit. It asserts that the defendant had no actual notice of the legal proceedings. 2. Affidavit of Lack of Notice: This type of affidavit is utilized when the defendant argues that they did not receive any notice of the lawsuit, such as through mail or publication. It establishes that the defendant was unaware of the legal action taken against them. 3. Affidavit of Lack of Appearance: This affidavit is applicable when the defendant asserts that they did not appear in court due to factors beyond their control or through negligence, resulting in a default judgment. It states that the defendant had a valid reason for their absence. Each affidavit should provide a comprehensive account of the circumstances of the default judgment and highlight the reasons why the defendant was unable to appear or remain unaware of the lawsuit. It is crucial to support the affidavit with any evidence or documentation that validates the claims made, such as proof of incorrect service, lack of notice, or extenuating circumstances that prevented the defendant's appearance.
