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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Idaho 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 Idaho to rectify a default judgment taken against a defendant who had not appeared or been properly served. It is typically used when the defendant was unaware of the lawsuit or was unable to attend court proceedings due to extenuating circumstances. The Idaho 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 request to the court to reopen the case based on the grounds of lack of proper service of process or the defendant's lack of knowledge about the lawsuit. This document aims to correct errors or legal injustices that could have occurred due to the defendant's absence. Keywords: Idaho, affidavit, motion, writ of error, coral obis, default judgment, defendant, not appear, not served, legal document, reopen case, lack of proper service, legal injustices. Different types of Idaho 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 include: 1. Affidavit for Lack of Proper Service: This affidavit is used when the defendant claims that they were not properly served with the lawsuit, thereby warranting the reopening of the case. 2. Affidavit of Lack of Notice: This type of affidavit is filed when the defendant asserts that they were not aware of the lawsuit due to circumstances beyond their control, such as being out of town, hospitalized, or facing other personal emergencies. 3. Affidavit for Excusable Neglect: This affidavit is used when the defendant failed to appear or respond to the lawsuit due to a reasonable excuse, such as mistaken deadlines, confusion, or reliance on incorrect information. 4. Affidavit for Newly Discovered Evidence: In cases where new evidence has surfaced that could have affected the outcome of the case, this affidavit can request the court to reopen the case to consider the new evidence. It is important to consult with a legal professional when preparing an Idaho 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 to ensure the accuracy and adherence to the legal requirements.
