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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Indiana 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 to challenge a default judgment entered against a defendant who was not properly served or did not appear in court. This affidavit is filed by the defendant or their legal representative in an effort to have the default judgment set aside. In Indiana, there are primarily two types of affidavits that may be utilized in support of this motion: 1. Affidavit of Merit: This affidavit is typically filed to show that the defendant has a meritorious defense, meaning they have a valid claim or defense to the underlying lawsuit that was not presented due to the default judgment. The affidavit must provide specific details, evidence, and legal arguments supporting the merits of the case. 2. Affidavit of Excusable Neglect: This affidavit is used to establish that the defendant's failure to appear or respond to the lawsuit was due to excusable neglect, such as lack of knowledge about the lawsuit, a mistake, or circumstances beyond the defendant's control. The affidavit must explain the reasons for the neglect and demonstrate that the defendant acted diligently once they became aware of the default judgment. In both types of affidavits, it is crucial to include relevant keywords that align with the legal requirements and terminology specific to Indiana's legal system. The following keywords should be considered when generating content for this description: — Indianaffidavitvi— - Motion for Writ of Error Coral Nobis — Defauljudgmenten— - Defendant's appearance — Lack of servic— - Default judgment set aside — Legal representatio— - Meritorious defense — Affidavit of meri— - Valid claim - Defense arguments — Evidenc— - Excusable neglect - Lack of knowledge Mistakeak— - Diligence - Circumstances beyond control By crafting a detailed affidavit with strong arguments, supporting evidence, and using the appropriate legal keywords, the defendant can make a compelling case to have the default judgment overturned. It is important to consult with a knowledgeable attorney to ensure the correct procedures and requirements are followed when pursuing this legal action in Indiana.
