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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Bronx New York 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 Bronx, New York region to challenge a default judgment taken against a defendant who did not appear in court and was not properly served legal papers. This affidavit serves as a formal written statement that supports the motion for a writ of error coral obis, which aims to correct errors made during previous legal proceedings. Keywords: Bronx New York, Affidavit, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Not Appear, Not Served. There can be different types of affidavits in support of a motion for a writ of error coral obis in the Bronx, New York, depending on the specific circumstances of the case. Some of these include: 1. Affidavit of Non-Appearance and Lack of Service: This type of affidavit is used when the defendant can prove that they did not appear in court and were not properly served with the initial legal documents, such as a summons or complaint. 2. Affidavit of Mistaken Identity: If the defendant can provide evidence that they were wrongly identified as the party involved in the legal proceedings, this affidavit can be used to argue for a writ of error coral obis. 3. Affidavit of Misrepresentation or Fraud: In situations where the defendant can demonstrate that there was intentional misrepresentation or fraud committed by the opposing party, resulting in the default judgment, this type of affidavit can be submitted to support the motion. 4. Affidavit of Excusable Neglect: If the defendant can establish that their failure to appear in court or respond to the legal documents was due to reasonable circumstances beyond their control, such as illness or lack of proper notice, this affidavit can be used to argue for a writ of error coral obis. It is important to consult with a legal professional familiar with the specific laws and procedures in the Bronx, New York, when preparing an affidavit in support of a motion for a writ of error coral obis.Bronx New York 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 Bronx, New York region to challenge a default judgment taken against a defendant who did not appear in court and was not properly served legal papers. This affidavit serves as a formal written statement that supports the motion for a writ of error coral obis, which aims to correct errors made during previous legal proceedings. Keywords: Bronx New York, Affidavit, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Not Appear, Not Served. There can be different types of affidavits in support of a motion for a writ of error coral obis in the Bronx, New York, depending on the specific circumstances of the case. Some of these include: 1. Affidavit of Non-Appearance and Lack of Service: This type of affidavit is used when the defendant can prove that they did not appear in court and were not properly served with the initial legal documents, such as a summons or complaint. 2. Affidavit of Mistaken Identity: If the defendant can provide evidence that they were wrongly identified as the party involved in the legal proceedings, this affidavit can be used to argue for a writ of error coral obis. 3. Affidavit of Misrepresentation or Fraud: In situations where the defendant can demonstrate that there was intentional misrepresentation or fraud committed by the opposing party, resulting in the default judgment, this type of affidavit can be submitted to support the motion. 4. Affidavit of Excusable Neglect: If the defendant can establish that their failure to appear in court or respond to the legal documents was due to reasonable circumstances beyond their control, such as illness or lack of proper notice, this affidavit can be used to argue for a writ of error coral obis. It is important to consult with a legal professional familiar with the specific laws and procedures in the Bronx, New York, when preparing an affidavit in support of a motion for a writ of error coral obis.
