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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Mecklenburg, North Carolina 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 that was entered against a defendant who was neither properly served nor appeared in court. This affidavit serves as evidence to support the defendant's motion for the court to grant a writ of error coral obis — a post-judgment remedy allowing the court to correct errors in the judgment. In Mecklenburg, North Carolina, there may be different types or variations of this particular affidavit, such as: 1. Affidavit in Support of Motion for Writ of Error Coral Obis — Lack of Proper Service: This affidavit focuses on the lack of proper service of process on the defendant, highlighting any deficiencies or inconsistencies in the process servers' attempts to serve the defendant with the initial complaint or summons. 2. Affidavit in Support of Motion for Writ of Error Coral Obis — Lack of Notice: This type of affidavit highlights the defendant's lack of notice regarding the lawsuit, emphasizing that they were unaware of the legal proceedings and consequently unable to appear in court or present their defense. 3. Affidavit in Support of Motion for Writ of Error Coral Obis — Excusable Neglect: This affidavit centers around explaining legitimate reasons for the defendant's failure to appear in court or respond to the lawsuit, such as illness, accident, or other compelling circumstances beyond their control. 4. Affidavit in Support of Motion for Writ of Error Coral Obis — Misrepresentation or Fraud: This affidavit alleges that the judgment obtained against the defendant was procured through fraudulent means or misrepresentation by the plaintiff or their legal representatives, rendering the default judgment unjust. 5. Affidavit in Support of Motion for Writ of Error Coral Obis — New Evidence: In certain cases, this affidavit may present newly discovered evidence that was unavailable during the original proceedings, showing that the defendant had a valid defense or meritorious claim that should have been considered before the default judgment was entered. It's important to note that these variations might not have specific names but are rather crafted to address the unique circumstances and legal grounds on which the defendant seeks to challenge the default judgment. Ultimately, the affidavit aims to convince the court that an error occurred in the original judgment, warranting the court's intervention and granting a writ of error coral obis to correct the injustice caused to the defendant.Mecklenburg, North Carolina 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 that was entered against a defendant who was neither properly served nor appeared in court. This affidavit serves as evidence to support the defendant's motion for the court to grant a writ of error coral obis — a post-judgment remedy allowing the court to correct errors in the judgment. In Mecklenburg, North Carolina, there may be different types or variations of this particular affidavit, such as: 1. Affidavit in Support of Motion for Writ of Error Coral Obis — Lack of Proper Service: This affidavit focuses on the lack of proper service of process on the defendant, highlighting any deficiencies or inconsistencies in the process servers' attempts to serve the defendant with the initial complaint or summons. 2. Affidavit in Support of Motion for Writ of Error Coral Obis — Lack of Notice: This type of affidavit highlights the defendant's lack of notice regarding the lawsuit, emphasizing that they were unaware of the legal proceedings and consequently unable to appear in court or present their defense. 3. Affidavit in Support of Motion for Writ of Error Coral Obis — Excusable Neglect: This affidavit centers around explaining legitimate reasons for the defendant's failure to appear in court or respond to the lawsuit, such as illness, accident, or other compelling circumstances beyond their control. 4. Affidavit in Support of Motion for Writ of Error Coral Obis — Misrepresentation or Fraud: This affidavit alleges that the judgment obtained against the defendant was procured through fraudulent means or misrepresentation by the plaintiff or their legal representatives, rendering the default judgment unjust. 5. Affidavit in Support of Motion for Writ of Error Coral Obis — New Evidence: In certain cases, this affidavit may present newly discovered evidence that was unavailable during the original proceedings, showing that the defendant had a valid defense or meritorious claim that should have been considered before the default judgment was entered. It's important to note that these variations might not have specific names but are rather crafted to address the unique circumstances and legal grounds on which the defendant seeks to challenge the default judgment. Ultimately, the affidavit aims to convince the court that an error occurred in the original judgment, warranting the court's intervention and granting a writ of error coral obis to correct the injustice caused to the defendant.
