Guam 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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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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Latin translation of Coram Nobis is ?the errors before us.? The writ of Coram Nobis is filed in a federal court known as the United States District Court when there is an error not presented on the record in the trial court, and the error may have produced a different judgment at trial.

A Writ of Coram Nobis, is a challenge to a court's final judgment. The Writ of Coram Nobis is asking the court to set aside the conviction because new facts (new evidence) have become available to the court .

The coram nobis cases resulted from researchers' discovery in the early 1980s of wartime documents showing that government attorneys withheld, altered, and destroyed evidence favorable to Japanese Americans and made false claims that Nikkei were security threats.

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 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.

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Guam 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