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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
The Delaware 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 used in the state of Delaware. This affidavit is filed by a defendant who seeks to challenge a default judgment that was entered against them without their knowledge since they were not properly served with the lawsuit. A Writ of Error Coral Obis is a legal remedy that allows a defendant to overturn a default judgment by presenting new evidence or showing that there were errors or defects in the original proceedings. The affidavit plays a crucial role in supporting the defendant's motion for a writ of error coral obis. The Delaware 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 typically includes the following information: 1. Defendant's Personal Information: The affidavit begins with the defendant's full name, current address, contact information, and any other relevant personal details. 2. Case Details: The affidavit also includes information about the original case, such as the case number, court where the case was filed, and the date on which the default judgment was entered. 3. Statement of Facts: The affidavit provides a detailed account of the defendant's version of events, explaining why they did not appear in court and why they were not properly served with the lawsuit. This may include reasons such as incorrect address, lack of notice, or any other circumstances that prevented the defendant from participating in the case. 4. Grounds for Challenging the Default Judgment: The affidavit outlines the legal grounds on which the defendant is challenging the default judgment. This may include arguments such as lack of personal jurisdiction, violation of due process, or any other legal deficiencies that may have occurred during the original proceedings. 5. Supporting Evidence: The defendant may attach any relevant documents, such as proof of incorrect address, evidence of lack of notice, or any other documents that support their claims. Different types of Delaware 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 may include: 1. Default Judgment Affidavit: This affidavit specifically focuses on challenging the default judgment, highlighting the reasons why the defendant was unable to appear in court or be properly served. 2. Lack of Due Process Affidavit: In this affidavit, the defendant emphasizes the violation of their constitutional rights, particularly the denial of due process, as a basis for challenging the default judgment. 3. Defective Service Affidavit: If the defendant was not properly served with the lawsuit, this affidavit focuses on the defective service as the main ground for challenging the default judgment. Overall, the Delaware 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 serves as a crucial tool for defendants seeking to rectify default judgments entered against them without proper notice or opportunity to defend themselves.
