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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Harris Texas 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 Texas to address situations where a default judgment has been taken against a defendant who was neither served nor appeared in court. This affidavit serves to support a motion for a writ of error coral obis which is a post-judgment remedy used to correct errors and injustices that occurred during the trial process. In this type of affidavit, the petitioner must provide detailed information and facts to demonstrate that they were not properly served with the lawsuit and were therefore unaware of the legal proceedings. They must also establish that they did not intentionally fail to appear in court, and that there are grounds for the court to grant the writ of error coral obis. Some relevant keywords related to this topic include: 1. Harris County, Texas: This refers to the specific county in Texas where the affidavit is being filed. 2. Affidavit: A sworn statement of facts, typically used as evidence in legal proceedings. 3. Motion: A formal request made to a court, asking the judge to take a specific action. 4. Writ of Error Coral Obis: A legal remedy used to challenge a judgment on the grounds of error or injustice. 5. Default Judgment: A judgment entered in favor of the plaintiff when the defendant fails to appear or defend the lawsuit. 6. Defendant: The party against whom a legal action is taken. 7. Service: The process of delivering legal documents, such as a lawsuit, to notify a party of the proceedings. 8. Appearance: The act of participating or presenting oneself in court in response to a legal action. 9. Not Served: When a defendant has not been properly notified of a lawsuit. 10. Grounds for Relief: The specific legal reasons that support the request for a writ of error coral obis. It is important to note that the naming of different types of Harris Texas Affidavits 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 vary depending on the specific circumstances or local court rules.The Harris Texas 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 Texas to address situations where a default judgment has been taken against a defendant who was neither served nor appeared in court. This affidavit serves to support a motion for a writ of error coral obis which is a post-judgment remedy used to correct errors and injustices that occurred during the trial process. In this type of affidavit, the petitioner must provide detailed information and facts to demonstrate that they were not properly served with the lawsuit and were therefore unaware of the legal proceedings. They must also establish that they did not intentionally fail to appear in court, and that there are grounds for the court to grant the writ of error coral obis. Some relevant keywords related to this topic include: 1. Harris County, Texas: This refers to the specific county in Texas where the affidavit is being filed. 2. Affidavit: A sworn statement of facts, typically used as evidence in legal proceedings. 3. Motion: A formal request made to a court, asking the judge to take a specific action. 4. Writ of Error Coral Obis: A legal remedy used to challenge a judgment on the grounds of error or injustice. 5. Default Judgment: A judgment entered in favor of the plaintiff when the defendant fails to appear or defend the lawsuit. 6. Defendant: The party against whom a legal action is taken. 7. Service: The process of delivering legal documents, such as a lawsuit, to notify a party of the proceedings. 8. Appearance: The act of participating or presenting oneself in court in response to a legal action. 9. Not Served: When a defendant has not been properly notified of a lawsuit. 10. Grounds for Relief: The specific legal reasons that support the request for a writ of error coral obis. It is important to note that the naming of different types of Harris Texas Affidavits 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 vary depending on the specific circumstances or local court rules.
