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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
An Arkansas 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 state of Arkansas when a defendant was not served with the lawsuit and did not appear in court, resulting in a default judgment being taken against them. This affidavit is used to support a motion to vacate the default judgment and reopen the case. Keywords: Arkansas, affidavit, support, motion, writ of error coral obis, default, default judgment, defendant, not served, not appear. Different types of Arkansas 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 Lack of Service: This type of affidavit is used when the defendant seeks to prove that they were not properly served with the lawsuit, and thus did not have notice of the case and an opportunity to defend themselves. 2. Affidavit of Excusable Neglect: If the defendant can show that their failure to appear was due to exceptional circumstances beyond their control, such as illness, emergency, or mistaken belief that they were not required to attend, they may file an affidavit of excusable neglect to challenge the default judgment. 3. Affidavit of Meritorious Defense: In this type of affidavit, the defendant presents evidence or arguments that demonstrate a valid defense to the claims made against them, thereby justifying the reopening of the case to allow for a fair resolution. 4. Affidavit of Due Diligence: If the defendant can show that they made reasonable efforts to respond to the lawsuit but were not aware of the legal proceedings against them, they may file an affidavit of due diligence to explain the circumstances leading to the default judgment. 5. Affidavit of Fraud, Misrepresentation, or Duress: This type of affidavit is used when the defendant believes that the default judgment was obtained through fraudulent means, misrepresentation of facts, or under duress, and seeks to challenge its validity. Each of these affidavits serves a specific purpose in supporting the motion for writ of error coral obis and helps the defendant present their case for vacating the default judgment and reopening the proceedings. It is essential to consult with a qualified attorney to determine the most appropriate affidavit to file based on the specific circumstances of the case.
