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District of Columbia Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served

Category:
Affidavits - Writs
State:
Multi-State
Control #:
US-02170BG
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Word; 
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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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.

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FAQ

The phrase Coram Nobis is Latin meaning ?the errors before us?. In New York and many other states the Coram Nobis is the remedy to bring when there is no other statutory remedy. In New York Coram Nobis remains part of the common law; however, under Federal law Coram Nobis has been codified under the All Writs Act.

The purpose of the writ of error coram nobis is to bring before the court that rendered the judgment factual matters which, if known at the time judgment was rendered, would have prevented its rendition. Ex parte McKenzie, 29 S.W. 2d 771, 772 (Tex. Crim.

The only difference today is that "coram nobis" (literally "before us") is sought in the trial court, and "coram vobis" (literally "before you") is sought in the appellate court. People v. Kim, 45 Cal.

The Writ of Coram Nobis is used to correct errors of fact and not errors of law and it is available only when the petitioner (defendant) has no other remedy available such as an appeal or a motion for a new trial.

The writ of coram nobis is a Latin term applied in common law to call to the court's attention facts that would have changed the judgment but were outside the record and unknown to the court at the time of judgment.

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District of Columbia Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served
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