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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Wake 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 can be used in Wake County, North Carolina to challenge a default judgment that was obtained against a defendant who did not appear in court and was not properly served with the court documents. The affidavit serves as evidence that the defendant was not aware of the lawsuit or the court proceedings, which resulted in the default judgment. It outlines the reasons why the defendant did not appear in court, explains the lack of proper service, and establishes that the defendant was deprived of their right to a fair trial. The purpose of the affidavit is to request the court to grant a motion for a Writ of Error Coral Obis, which is a legal remedy that allows for the reopening of a case to correct errors of fact or law that were not known to the court at the time of the original judgment. This particular motion is filed in cases where there was a default judgment due to the defendant's absence and lack of proper service. Different types of Wake North Carolina Affidavits 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 can include: 1. Affidavit based on Lack of Notice: This type of affidavit focuses on the defendant's lack of notice and demonstrates that they were not properly served with the court documents, such as a summons or complaint. 2. Affidavit based on Lack of Knowledge: In this type of affidavit, the defendant attests that they were unaware of the lawsuit against them and the subsequent court proceedings, providing reasons why they did not appear in court. 3. Affidavit citing Mistake or Excusable Neglect: This affidavit asserts that the defendant made an honest mistake or encountered an excusable neglect that resulted in their failure to appear in court, emphasizing that they should be given an opportunity to present their case. Overall, the Wake 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 crucial legal document that seeks to rectify default judgments imposed on defendants who were not properly notified or were unable to appear in court. By submitting this affidavit, defendants aim to reopen their case and have a fair opportunity to present their defense.Wake 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 can be used in Wake County, North Carolina to challenge a default judgment that was obtained against a defendant who did not appear in court and was not properly served with the court documents. The affidavit serves as evidence that the defendant was not aware of the lawsuit or the court proceedings, which resulted in the default judgment. It outlines the reasons why the defendant did not appear in court, explains the lack of proper service, and establishes that the defendant was deprived of their right to a fair trial. The purpose of the affidavit is to request the court to grant a motion for a Writ of Error Coral Obis, which is a legal remedy that allows for the reopening of a case to correct errors of fact or law that were not known to the court at the time of the original judgment. This particular motion is filed in cases where there was a default judgment due to the defendant's absence and lack of proper service. Different types of Wake North Carolina Affidavits 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 can include: 1. Affidavit based on Lack of Notice: This type of affidavit focuses on the defendant's lack of notice and demonstrates that they were not properly served with the court documents, such as a summons or complaint. 2. Affidavit based on Lack of Knowledge: In this type of affidavit, the defendant attests that they were unaware of the lawsuit against them and the subsequent court proceedings, providing reasons why they did not appear in court. 3. Affidavit citing Mistake or Excusable Neglect: This affidavit asserts that the defendant made an honest mistake or encountered an excusable neglect that resulted in their failure to appear in court, emphasizing that they should be given an opportunity to present their case. Overall, the Wake 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 crucial legal document that seeks to rectify default judgments imposed on defendants who were not properly notified or were unable to appear in court. By submitting this affidavit, defendants aim to reopen their case and have a fair opportunity to present their defense.
