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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Kansas 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 the state of Kansas to address situations where a default judgment has been taken against a defendant who did not appear in court and was not properly served with the necessary legal documents. This affidavit is filed by the defendant or their attorney to request a Writ of Error Coral Obis, which is a legal remedy that allows an appellate court to review a judgment that was obtained due to fundamental errors or defects in the underlying proceedings. The purpose of this affidavit is to present evidence and arguments to support the defendant's claim that the default judgment should be set aside. It must contain specific details and factual information related to the defendant's lack of appearance and failure to be properly served. It should include relevant keywords, such as "default judgment," "defendant," "appearance," "service," "Writ of Error Coral Obis," and "affidavit." There may be different types of Kansas Affidavits 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, depending on the specific circumstances of the case. For example: 1. Affidavit alleging improper service: This type of affidavit focuses on proving that the defendant was not properly served with the necessary legal documents. It may include evidence such as lack of proof of service, incorrect or incomplete service methods, or failure to comply with the Kansas Rules of Civil Procedure. 2. Affidavit alleging lack of notice: In some cases, the defendant may argue that they did not receive proper notice of the legal proceedings, making it impossible for them to appear in court. This type of affidavit would present evidence showing deficiencies in the notice process, such as failure to send notice, sending it to the wrong address, or inadequate time for the defendant to respond. 3. Affidavit alleging excusable neglect: If the defendant has a valid reason for failing to appear, such as illness, emergency, or other circumstances beyond their control, they may file an affidavit alleging excusable neglect. This affidavit would provide supporting evidence of the circumstances that prevented the defendant from attending the court proceedings. It is important to consult with a legal professional to determine the specific requirements and guidelines for filing a Kansas 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, as they may vary depending on the jurisdiction and the specific case.
