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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 San Antonio 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 filed in the San Antonio court system to challenge a default judgment that was entered against a defendant who was not properly served or did not appear in court. This affidavit seeks to correct an error or injustice by requesting a review of the default judgment. The purpose of this affidavit is to provide sufficient evidence to support the motion for a Writ of Error Coral Obis, which is a legal remedy used to address errors of fact or law that were not properly considered during the original trial. The affidavit must contain detailed information about the circumstances of the default judgment, including the defendant's lack of appearance and improper service. Keywords: San Antonio Texas, affidavit, support, motion, writ of error coral obis, default judgment, defendant, not appear, not served, legal document, San Antonio court system, challenge, error, injustice, review, evidence, remedy, errors of fact, errors of law, original trial, circumstances, lack of appearance, improper service. Different types of San Antonio 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 may include: 1. Affidavit of Non-Appearance: This type of affidavit focuses on the defendant's non-appearance in court, providing detailed explanations and evidence to support the claim that the defendant did not intentionally or knowingly fail to appear. 2. Affidavit of Improper Service: This type of affidavit focuses on the lack of proper service of the court summons and complaint to the defendant. It presents evidence and details indicating that the defendant was not properly served according to legal requirements. 3. Affidavit of Lack of Jurisdiction: This type of affidavit argues that the court lacked jurisdiction over the defendant due to improper service or other jurisdictional issues, and therefore, the default judgment should be declared void. 4. Affidavit of Excusable Neglect: If the defendant had a valid reason for failing to appear in court, such as illness or unavoidable circumstances, this type of affidavit would provide detailed explanations and supporting evidence to demonstrate the defendant's excusable neglect. 5. Affidavit of Newly Discovered Evidence: In situations where new evidence has come to light after the default judgment was entered, this type of affidavit would present the newly discovered evidence and explain how it could impact the outcome of the case. Remember, it is essential to consult with a qualified attorney familiar with the laws and procedures in San Antonio, Texas, to ensure the affidavit is comprehensive, accurate, and meets all relevant legal standards.A San Antonio 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 filed in the San Antonio court system to challenge a default judgment that was entered against a defendant who was not properly served or did not appear in court. This affidavit seeks to correct an error or injustice by requesting a review of the default judgment. The purpose of this affidavit is to provide sufficient evidence to support the motion for a Writ of Error Coral Obis, which is a legal remedy used to address errors of fact or law that were not properly considered during the original trial. The affidavit must contain detailed information about the circumstances of the default judgment, including the defendant's lack of appearance and improper service. Keywords: San Antonio Texas, affidavit, support, motion, writ of error coral obis, default judgment, defendant, not appear, not served, legal document, San Antonio court system, challenge, error, injustice, review, evidence, remedy, errors of fact, errors of law, original trial, circumstances, lack of appearance, improper service. Different types of San Antonio 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 may include: 1. Affidavit of Non-Appearance: This type of affidavit focuses on the defendant's non-appearance in court, providing detailed explanations and evidence to support the claim that the defendant did not intentionally or knowingly fail to appear. 2. Affidavit of Improper Service: This type of affidavit focuses on the lack of proper service of the court summons and complaint to the defendant. It presents evidence and details indicating that the defendant was not properly served according to legal requirements. 3. Affidavit of Lack of Jurisdiction: This type of affidavit argues that the court lacked jurisdiction over the defendant due to improper service or other jurisdictional issues, and therefore, the default judgment should be declared void. 4. Affidavit of Excusable Neglect: If the defendant had a valid reason for failing to appear in court, such as illness or unavoidable circumstances, this type of affidavit would provide detailed explanations and supporting evidence to demonstrate the defendant's excusable neglect. 5. Affidavit of Newly Discovered Evidence: In situations where new evidence has come to light after the default judgment was entered, this type of affidavit would present the newly discovered evidence and explain how it could impact the outcome of the case. Remember, it is essential to consult with a qualified attorney familiar with the laws and procedures in San Antonio, Texas, to ensure the affidavit is comprehensive, accurate, and meets all relevant legal standards.
