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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Santa Clara, 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. In Santa Clara, California, an Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment is a legal document that can be filed by a defendant who did not appear in court and was not properly served with the legal papers. This affidavit is used to bring attention to the court about the erroneous default judgment. Coral Obis is a Latin term that means "before us." It is a legal remedy that allows a court to correct an error or injustice that occurred in a previous proceeding. In this case, the defendant is seeking to remedy a default judgment that was mistakenly entered against them due to their failure to appear and lack of proper service. The Affidavit in Support of Motion for Writ of Error Coral Obis should include the following information: 1. Defendant's Personal Details: The affidavit should begin with the defendant's full name, contact information, and any other relevant personal details. 2. Case Information: Provide the court case details, including the case number, the name of the court where the judgment was entered, and the date of the judgment. 3. Explanation of Default: Explain the reasons why the defendant did not appear in court initially. This can include information such as incorrect service of process, lack of notification, or any other valid reasons for their absence. 4. Alleged Lack of Proper Service: If the defendant can prove that they were not properly served with the necessary legal documents, this information should be outlined in detail. Include any supporting evidence, such as witness statements, affidavits, or documentation that confirms the improper service. 5. Merits of the Case: Provide a brief overview of the merits of the original case, outlining any defenses or arguments that support the defendant's position. 6. Explanation for Delayed Filing: If there was a significant delay in filing the motion, the defendant must explain the reasons for the delay and prove good cause for the court to consider their motion. Different types of Santa Clara, California Affidavits in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment can include variations in the case details, reasons for default, or arguments supporting the motion. However, the core purpose and structure of the affidavit remain the same. It is important to note that the information provided here is for informational purposes only, and it is recommended to consult with a qualified attorney for specific legal advice tailored to your situation. Legal procedures can vary, and it is essential to understand the local court rules and requirements when filing a motion for a Writ of Error Coral Obis in Santa Clara, California.Santa Clara, 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. In Santa Clara, California, an Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment is a legal document that can be filed by a defendant who did not appear in court and was not properly served with the legal papers. This affidavit is used to bring attention to the court about the erroneous default judgment. Coral Obis is a Latin term that means "before us." It is a legal remedy that allows a court to correct an error or injustice that occurred in a previous proceeding. In this case, the defendant is seeking to remedy a default judgment that was mistakenly entered against them due to their failure to appear and lack of proper service. The Affidavit in Support of Motion for Writ of Error Coral Obis should include the following information: 1. Defendant's Personal Details: The affidavit should begin with the defendant's full name, contact information, and any other relevant personal details. 2. Case Information: Provide the court case details, including the case number, the name of the court where the judgment was entered, and the date of the judgment. 3. Explanation of Default: Explain the reasons why the defendant did not appear in court initially. This can include information such as incorrect service of process, lack of notification, or any other valid reasons for their absence. 4. Alleged Lack of Proper Service: If the defendant can prove that they were not properly served with the necessary legal documents, this information should be outlined in detail. Include any supporting evidence, such as witness statements, affidavits, or documentation that confirms the improper service. 5. Merits of the Case: Provide a brief overview of the merits of the original case, outlining any defenses or arguments that support the defendant's position. 6. Explanation for Delayed Filing: If there was a significant delay in filing the motion, the defendant must explain the reasons for the delay and prove good cause for the court to consider their motion. Different types of Santa Clara, California Affidavits in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment can include variations in the case details, reasons for default, or arguments supporting the motion. However, the core purpose and structure of the affidavit remain the same. It is important to note that the information provided here is for informational purposes only, and it is recommended to consult with a qualified attorney for specific legal advice tailored to your situation. Legal procedures can vary, and it is essential to understand the local court rules and requirements when filing a motion for a Writ of Error Coral Obis in Santa Clara, California.
