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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
An Iowa 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 Iowa to request the court to overturn a default judgment that was taken against a defendant who did not attend court and was not properly served with court documents. Keywords relevant to this topic include: 1. Writ of Error Coral Obis: It refers to a legal remedy that allows a party to challenge a judgment based on errors of fact or omission that could not have been addressed through other legal processes. 2. Motion: This refers to a formal request made to the court by the defendant seeking relief or a specific action. 3. Default Judgment: It is a judgment given in favor of the plaintiff when the defendant fails to respond or appear in court within the given timeframe. 4. Defendant: The person against whom legal action is being taken. Different types of Iowa 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 may include: 1. General Affidavit: This type of affidavit includes the necessary details regarding the defendant's non-appearance in court and lack of service of legal documents. 2. Affidavit of Non-Appearance: This affidavit specifically focuses on the defendant not attending the court proceedings, explaining the reasons or circumstances for their absence. 3. Affidavit of Non-Service: This affidavit emphasizes the lack of service of court documents to the defendant, highlighting any failures or mistakes made during the process. 4. Supporting Evidence Affidavit: This type of affidavit includes any additional evidence or documentation that supports the defendant's claim of not being properly served or unaware of the legal proceedings. When drafting an Iowa 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 essential to provide a detailed account of events, relevant dates, and any supporting evidence or documentation. The affidavit should clearly explain why the default judgment should be overturned due to the defendant's lack of appearance and failure to be served with court documents.
