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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Alameda California 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 reverse a default judgment entered against a defendant who was not properly served or did not appear in court. This affidavit serves as a supporting document for the motion for a Writ of Error Coral Obis, which is a post-conviction remedy. In Alameda, California, the Affidavit in Support of Motion for Writ of Error Coral Obis is used in cases where a default judgment has been wrongfully entered against a defendant who was not properly served or did not appear in court. This legal remedy aims to rectify the injustice caused by the default judgment and allow the defendant to present their case. Keywords: Alameda California, Affidavit, Support, Motion, Writ of Error, Coral Obis, Default Judgment, Defendant, Appear, Served, Legal Document, Reversal, Post-Conviction Remedy, Wrongful Default Judgment. Different types of Alameda California 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 may include: 1. Affidavit of Defendant's Lack of Service: This type of affidavit asserts that the defendant was not properly served with notice of the lawsuit, preventing them from appearing in court and defending themselves. 2. Affidavit of Defendant's Lack of Knowledge: This affidavit states that the defendant had no knowledge of the lawsuit or the default judgment entered against them, leading to their failure to appear in court. 3. Affidavit of Excusable Neglect: This type of affidavit argues that the defendant's failure to appear in court was due to excusable neglect, such as a mistake, misunderstanding, or unavoidable circumstances. 4. Affidavit of Meritorious Defense: This affidavit highlights the defendant's valid defense to the claims made against them, demonstrating that they have a substantial case to be heard. 5. Affidavit of Due Diligence: This type of affidavit outlines the efforts made by the defendant to discover the default judgment and explains the reasons for the delay in seeking a Writ of Error Coral Obis. These different types of affidavits provide specific arguments and evidence to support the defendant's request for the reversal of a default judgment entered against them. By utilizing these affidavits, defendants in Alameda, California, can present a strong case for a Writ of Error Coral Obis and seek justice in their legal proceedings.An Alameda California 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 reverse a default judgment entered against a defendant who was not properly served or did not appear in court. This affidavit serves as a supporting document for the motion for a Writ of Error Coral Obis, which is a post-conviction remedy. In Alameda, California, the Affidavit in Support of Motion for Writ of Error Coral Obis is used in cases where a default judgment has been wrongfully entered against a defendant who was not properly served or did not appear in court. This legal remedy aims to rectify the injustice caused by the default judgment and allow the defendant to present their case. Keywords: Alameda California, Affidavit, Support, Motion, Writ of Error, Coral Obis, Default Judgment, Defendant, Appear, Served, Legal Document, Reversal, Post-Conviction Remedy, Wrongful Default Judgment. Different types of Alameda California 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 may include: 1. Affidavit of Defendant's Lack of Service: This type of affidavit asserts that the defendant was not properly served with notice of the lawsuit, preventing them from appearing in court and defending themselves. 2. Affidavit of Defendant's Lack of Knowledge: This affidavit states that the defendant had no knowledge of the lawsuit or the default judgment entered against them, leading to their failure to appear in court. 3. Affidavit of Excusable Neglect: This type of affidavit argues that the defendant's failure to appear in court was due to excusable neglect, such as a mistake, misunderstanding, or unavoidable circumstances. 4. Affidavit of Meritorious Defense: This affidavit highlights the defendant's valid defense to the claims made against them, demonstrating that they have a substantial case to be heard. 5. Affidavit of Due Diligence: This type of affidavit outlines the efforts made by the defendant to discover the default judgment and explains the reasons for the delay in seeking a Writ of Error Coral Obis. These different types of affidavits provide specific arguments and evidence to support the defendant's request for the reversal of a default judgment entered against them. By utilizing these affidavits, defendants in Alameda, California, can present a strong case for a Writ of Error Coral Obis and seek justice in their legal proceedings.
