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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Illinois 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 Illinois courts to challenge a default judgment that was entered against a defendant who did not appear in court and was not properly served with the summons and complaint. This affidavit serves as evidence and support for a motion seeking to have the default judgment set aside and the case reopened. Keywords: Illinois, Affidavit in Support, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Appearance, Service, Challenge, Reopen. Types of Illinois 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: 1. Affidavit of Non-Appearance: This type of affidavit is used when the defendant did not appear in court for the initial proceedings, leading to the default judgment. The affidavit will state the reasons why the defendant did not appear, such as lack of notice or other extenuating circumstances, and assert that the defendant had a valid defense to the claims made against them. 2. Affidavit of Improper Service: This type of affidavit challenges the validity of the service of the summons and complaint. It asserts that the defendant was not properly served according to the legal requirements, such as improper method of service, lack of proof of service, or failure to serve the defendant at their correct address. The affidavit will include supporting evidence or witness statements to substantiate these claims. 3. Affidavit of Meritorious Defense: In this type of affidavit, the defendant presents a valid defense to the claims made against them in the complaint. It outlines the specific facts, evidence, or legal arguments that would support the defendant's case if the default judgment were set aside and the case reopened. The affidavit will highlight the potential weaknesses or flaws in the original claim, showcasing that the defendant has legitimate grounds to challenge the default judgment. 4. Affidavit of Excusable Neglect: This affidavit addresses situations where the defendant failed to appear or respond to the complaint due to legitimate circumstances beyond their control, such as illness, accident, or other emergencies. It asserts that the failure to appear or respond was not intentional or willful but rather the result of excusable neglect. Supporting evidence, such as medical or travel records, may be included to substantiate these claims. By utilizing these types of affidavits, defendants in Illinois can effectively challenge default judgments obtained against them and seek to reopen their cases. The affidavits should be drafted carefully, with attention to detail, and include supporting evidence to strengthen the motion for setting aside the default judgment. Consulting with a legal professional is advisable to ensure that all necessary requirements and procedures are followed accurately.
