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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Colorado 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 Colorado. This affidavit is used to request relief from a default judgment that was entered against a defendant who did not appear in court and was not properly served with the lawsuit. The purpose of the affidavit is to provide detailed information and evidence to support the request for setting aside the default judgment. It is crucial to include relevant keywords in the content to ensure that the affidavit is accurately categorized when filed with the court system. Here are some possible types or variations of the Colorado 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: 1. Affidavit of Lack of Notice of Lawsuit: This type of affidavit is used when the defendant did not receive proper notice of the lawsuit filed against them, which resulted in a default judgment. The affidavit should include an explanation of the defendant's lack of knowledge regarding the lawsuit. 2. Affidavit of Lack of Service: This variation is suitable when the defendant claims to have never been served with the lawsuit papers. The affidavit should offer proof or supporting documentation to establish that the defendant was not properly served the legal documents as required by law. 3. Affidavit of Mistaken Identity: If the defendant believes that the default judgment was entered against them due to mistaken identity, this type of affidavit is appropriate. It should present evidence or supporting information that proves that the defendant is not the person the lawsuit was intended for. 4. Affidavit of Excusable Neglect: In case the defendant did not appear in court due to valid reasons such as illness, accident, or any other unforeseen circumstances, this affidavit can be used. The affidavit should outline the reasons for the defendant's failure to appear and explain why it was beyond their control. When drafting the content, it is essential to provide a thorough and detailed description of the circumstances leading to the default judgment. Include specific dates, names, addresses, and any relevant evidence or supporting documentation that substantiates the defendant's claims. Additionally, reference the relevant statutes or court rules that support the request for relief. By using appropriate keywords throughout the content, you can ensure the affidavit is accurately classified and easily accessible by the court system.
