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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Riverside California 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 An affidavit in support of a motion for a writ of error coral obis is a legal document used in Riverside, California, to challenge a default judgment taken against a defendant who did not appear in court and was not properly served with a summons or other legal notice. This affidavit is filed before the court to seek relief from the default judgment based on the grounds of fundamental errors or miscarriage of justice in the proceedings. In Riverside, California, several types of affidavits may be used to support a motion for a writ of error coral obis regarding a default judgment against a defendant who did not appear and was not served. Some of these affidavits may include: 1. Affidavit of Lack of Service: This affidavit asserts that the defendant was not properly served with a summons or other legal notice required to appear in court. It provides detailed information about the attempts made to serve the defendant and any deficiencies or irregularities in the service process. 2. Affidavit of Excusable Neglect: This affidavit explains the reasons for the defendant's failure to appear in court, such as ignorance of the lawsuit, mental incapacity, or other circumstances that prevented the defendant from responding to the legal action. It aims to establish that the default was due to excusable neglect rather than willful disregard. 3. Affidavit of Meritorious Defense: This affidavit outlines the defendant's potential defenses to the claims made by the plaintiff, indicating that a fair and just outcome would result from evaluating the case on its merits. It asserts that the default judgment entered against the defendant would not have been issued if the defendant had been able to present their defense. 4. Affidavit of Newly Discovered Evidence: This affidavit highlights any material facts or evidence that were unknown or unavailable to the defendant at the time of the original proceedings leading to the default judgment. It demonstrates that the newly discovered evidence could have significantly impacted the outcome of the case and supports the need for a writ of error coral obis. Each of these affidavits plays a vital role in supporting the motion for a writ of error coral obis in Riverside, California. They collectively aim to establish the defendant's lack of appearance and improper service, while demonstrating that fundamental errors or injustices occurred during the default judgment process. By providing clear and detailed information relevant to each type of affidavit, the defendant seeks to nullify the default judgment and obtain a fair opportunity to present their case in court.Riverside California 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 An affidavit in support of a motion for a writ of error coral obis is a legal document used in Riverside, California, to challenge a default judgment taken against a defendant who did not appear in court and was not properly served with a summons or other legal notice. This affidavit is filed before the court to seek relief from the default judgment based on the grounds of fundamental errors or miscarriage of justice in the proceedings. In Riverside, California, several types of affidavits may be used to support a motion for a writ of error coral obis regarding a default judgment against a defendant who did not appear and was not served. Some of these affidavits may include: 1. Affidavit of Lack of Service: This affidavit asserts that the defendant was not properly served with a summons or other legal notice required to appear in court. It provides detailed information about the attempts made to serve the defendant and any deficiencies or irregularities in the service process. 2. Affidavit of Excusable Neglect: This affidavit explains the reasons for the defendant's failure to appear in court, such as ignorance of the lawsuit, mental incapacity, or other circumstances that prevented the defendant from responding to the legal action. It aims to establish that the default was due to excusable neglect rather than willful disregard. 3. Affidavit of Meritorious Defense: This affidavit outlines the defendant's potential defenses to the claims made by the plaintiff, indicating that a fair and just outcome would result from evaluating the case on its merits. It asserts that the default judgment entered against the defendant would not have been issued if the defendant had been able to present their defense. 4. Affidavit of Newly Discovered Evidence: This affidavit highlights any material facts or evidence that were unknown or unavailable to the defendant at the time of the original proceedings leading to the default judgment. It demonstrates that the newly discovered evidence could have significantly impacted the outcome of the case and supports the need for a writ of error coral obis. Each of these affidavits plays a vital role in supporting the motion for a writ of error coral obis in Riverside, California. They collectively aim to establish the defendant's lack of appearance and improper service, while demonstrating that fundamental errors or injustices occurred during the default judgment process. By providing clear and detailed information relevant to each type of affidavit, the defendant seeks to nullify the default judgment and obtain a fair opportunity to present their case in court.
