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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Cook Illinois 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 Cook County, Illinois jurisdiction to challenge a default judgment that was issued against a defendant who was not properly served and did not appear in court. The Cook Illinois Affidavit in Support of Motion for Writ of Error Coral Obis is filed by the defendant or their legal representative to request the court to set aside the default judgment on the grounds of improper service and lack of opportunity to present a defense. This affidavit serves as a supporting document to the motion. Keywords: Cook Illinois, Cook County, Affidavit, Motion for Writ of Error Coral Obis, Default and Default Judgment, Defendant, Service, Appearance, Legal Document. Different types of Cook Illinois 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 Proper Service: This type of affidavit is used when the defendant claims that they were not served with proper notice of the lawsuit or default judgment. 2. Affidavit of Lack of Personal Jurisdiction: This affidavit argues that the court lacks jurisdiction over the defendant due to improper service, thus rendering any default judgment invalid. 3. Affidavit of Lack of Opportunity to Present a Defense: This type of affidavit highlights the defendant's inability to appear or defend against the lawsuit due to lack of knowledge or opportunity, leading to the default judgment. 4. Affidavit of Excusable Neglect: In this affidavit, the defendant asserts that their failure to appear or respond to the lawsuit was due to excusable neglect, such as illness, accident, or other valid reasons. Note: The specific types of affidavits may vary depending on the jurisdiction and the circumstances of the case. It is crucial to consult with a legal professional to determine the appropriate type of affidavit for a specific situation.Cook Illinois 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 Cook County, Illinois jurisdiction to challenge a default judgment that was issued against a defendant who was not properly served and did not appear in court. The Cook Illinois Affidavit in Support of Motion for Writ of Error Coral Obis is filed by the defendant or their legal representative to request the court to set aside the default judgment on the grounds of improper service and lack of opportunity to present a defense. This affidavit serves as a supporting document to the motion. Keywords: Cook Illinois, Cook County, Affidavit, Motion for Writ of Error Coral Obis, Default and Default Judgment, Defendant, Service, Appearance, Legal Document. Different types of Cook Illinois 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 Proper Service: This type of affidavit is used when the defendant claims that they were not served with proper notice of the lawsuit or default judgment. 2. Affidavit of Lack of Personal Jurisdiction: This affidavit argues that the court lacks jurisdiction over the defendant due to improper service, thus rendering any default judgment invalid. 3. Affidavit of Lack of Opportunity to Present a Defense: This type of affidavit highlights the defendant's inability to appear or defend against the lawsuit due to lack of knowledge or opportunity, leading to the default judgment. 4. Affidavit of Excusable Neglect: In this affidavit, the defendant asserts that their failure to appear or respond to the lawsuit was due to excusable neglect, such as illness, accident, or other valid reasons. Note: The specific types of affidavits may vary depending on the jurisdiction and the circumstances of the case. It is crucial to consult with a legal professional to determine the appropriate type of affidavit for a specific situation.
