Middlesex Massachusetts Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served

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State:
Multi-State
County:
Middlesex
Control #:
US-02170BG
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Word; 
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Description

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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.

Middlesex County in Massachusetts is a well-known county located in the eastern part of the state. It is home to several cities and townships, including Lowell, Cambridge, and Newton. The county is known for its diverse population and rich history. An 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 cases where a default judgment has been entered against a defendant who did not appear in court or was not properly served with the lawsuit. This affidavit serves as evidence to request the court to grant a writ of error coral obis, which allows for the reopening of a case due to errors or injustices in the previous judgment. There are several types of Middlesex Massachusetts Affidavits in Support of Motion for Writ of Error Coral Obis, depending on the specific circumstances and grounds for the motion. Some different types may include: 1. Affidavit based on lack of service: This affidavit is used when the defendant can provide evidence that they were not properly served with the lawsuit, either due to improper service or failure to receive the legal documents. 2. Affidavit based on lack of appearance: This type of affidavit is applicable when the defendant can demonstrate that they did not appear in court due to extenuating circumstances or unavoidable reasons. 3. Affidavit based on errors or misconduct: If the defendant believes that there were significant errors or misconduct during the trial or proceedings leading to the default judgment, they can file this affidavit. 4. Affidavit based on new evidence: In cases where new evidence is discovered that could have impacted the outcome of the trial had it been presented, this type of affidavit can be filed. It is important to consult with a qualified attorney familiar with Middlesex County procedures and laws to determine the most appropriate type of Affidavit in Support of Motion for Writ of Error Coral Obis to file in one's specific case. Each situation may require different supporting documents and legal arguments to effectively request the court's intervention.

Middlesex County in Massachusetts is a well-known county located in the eastern part of the state. It is home to several cities and townships, including Lowell, Cambridge, and Newton. The county is known for its diverse population and rich history. An 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 cases where a default judgment has been entered against a defendant who did not appear in court or was not properly served with the lawsuit. This affidavit serves as evidence to request the court to grant a writ of error coral obis, which allows for the reopening of a case due to errors or injustices in the previous judgment. There are several types of Middlesex Massachusetts Affidavits in Support of Motion for Writ of Error Coral Obis, depending on the specific circumstances and grounds for the motion. Some different types may include: 1. Affidavit based on lack of service: This affidavit is used when the defendant can provide evidence that they were not properly served with the lawsuit, either due to improper service or failure to receive the legal documents. 2. Affidavit based on lack of appearance: This type of affidavit is applicable when the defendant can demonstrate that they did not appear in court due to extenuating circumstances or unavoidable reasons. 3. Affidavit based on errors or misconduct: If the defendant believes that there were significant errors or misconduct during the trial or proceedings leading to the default judgment, they can file this affidavit. 4. Affidavit based on new evidence: In cases where new evidence is discovered that could have impacted the outcome of the trial had it been presented, this type of affidavit can be filed. It is important to consult with a qualified attorney familiar with Middlesex County procedures and laws to determine the most appropriate type of Affidavit in Support of Motion for Writ of Error Coral Obis to file in one's specific case. Each situation may require different supporting documents and legal arguments to effectively request the court's intervention.

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Middlesex Massachusetts Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served