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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
A Kings 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 that seeks to challenge a default judgment taken against a defendant who was not properly served and did not appear in court. This affidavit serves as a vital piece of evidence in the motion for a writ of error coral obis, which is a type of legal remedy used to correct errors in judgments. Keywords: Kings New York, affidavit, support, motion, writ of error coral obis, default, default judgment, defendant, not appear, not served, legal document, challenge, evidence, remedy, correct errors, judgments. Types of Kings 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: 1. Affidavit outlining lack of proper service and appearance: This type of affidavit details the defendant's argument that they were not properly served with the legal documents initiating the lawsuit, and therefore, were unable to appear in court. It highlights any discrepancies or failures in the service of process, such as improper mailing or failure to deliver the documents to the defendant personally. 2. Affidavit contesting validity of default judgment: This affidavit focuses on challenging the default judgment itself. It may argue that the judgment was obtained illegally or improperly due to the defendant's lack of appearance and/or inadequate service of process. It can address any errors or irregularities in the court's proceedings leading to the default judgment. 3. Affidavit establishing the need for a writ of error coral obis: This type of affidavit explains why a writ of error coral obis is the appropriate remedy in the given situation. It outlines the legal grounds for seeking this remedy and presents arguments as to why it should be granted. It highlights the defendant's inability to raise the issues during the original trial or appeal process and asserts that these errors have resulted in a fundamental miscarriage of justice. These different types of affidavits can be used individually or in combination, depending on the specific circumstances of the case and the legal strategy pursued by the defendant seeking relief from the default judgment.A Kings 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 that seeks to challenge a default judgment taken against a defendant who was not properly served and did not appear in court. This affidavit serves as a vital piece of evidence in the motion for a writ of error coral obis, which is a type of legal remedy used to correct errors in judgments. Keywords: Kings New York, affidavit, support, motion, writ of error coral obis, default, default judgment, defendant, not appear, not served, legal document, challenge, evidence, remedy, correct errors, judgments. Types of Kings 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: 1. Affidavit outlining lack of proper service and appearance: This type of affidavit details the defendant's argument that they were not properly served with the legal documents initiating the lawsuit, and therefore, were unable to appear in court. It highlights any discrepancies or failures in the service of process, such as improper mailing or failure to deliver the documents to the defendant personally. 2. Affidavit contesting validity of default judgment: This affidavit focuses on challenging the default judgment itself. It may argue that the judgment was obtained illegally or improperly due to the defendant's lack of appearance and/or inadequate service of process. It can address any errors or irregularities in the court's proceedings leading to the default judgment. 3. Affidavit establishing the need for a writ of error coral obis: This type of affidavit explains why a writ of error coral obis is the appropriate remedy in the given situation. It outlines the legal grounds for seeking this remedy and presents arguments as to why it should be granted. It highlights the defendant's inability to raise the issues during the original trial or appeal process and asserts that these errors have resulted in a fundamental miscarriage of justice. These different types of affidavits can be used individually or in combination, depending on the specific circumstances of the case and the legal strategy pursued by the defendant seeking relief from the default judgment.
