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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Guam 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 refers to a legal document filed in the Guam courts to challenge a default judgment issued against a defendant who was neither served nor appeared in court. In this motion, the affine (person signing the affidavit) asserts that due process rights were violated, as the defendant was not properly served with the summons and complaint, and therefore was unable to defend themselves in court. The affine must provide credible and compelling evidence to demonstrate that the default judgment should be set aside and that the defendant should be allowed to present their case. The Guam 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 encompasses several types, such as: 1. Affidavit of Lack of Service: This type of affidavit focuses on establishing that the defendant was not effectively served with the summons and complaint. 2. Affidavit of Meritorious Defense: In this affidavit, the affine outlines the legal arguments and facts that would have constituted a valid defense to the claims made against the defendant if they had been properly served and had an opportunity to respond. 3. Affidavit of Excusable Neglect: This type of affidavit acknowledges that the defendant failed to appear in court due to a plausible reason such as mistaken court dates, lack of knowledge about the lawsuit, or unavoidable circumstances. It emphasizes that the neglect to appear was not willful. When preparing a Guam 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, it is important to provide comprehensive details of the case, including dates, mentions of previous attempts at service, any communication received from the court, and any evidence that supports the lack of service or merit of the defense. By filing this motion and presenting a persuasive affidavit, the affine seeks to convince the court that the default judgment should be set aside and that the defendant should be given an opportunity to litigate the case on its merits.
