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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
A Louisiana 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 by the defendant in a civil case who was not properly served with the court summons and, as a result, did not have an opportunity to defend themselves in court. This Affidavit is necessary to request the court to set aside the default judgment against the defendant. The purpose of the Louisiana 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 to rectify the legal injustice caused by the lack of proper notice and the subsequent default judgment. Key components that should be included in this affidavit are: 1. Defendant Information: Begin by providing the essential details of the defendant, including their full name, address, contact information, and any relevant identifying information. 2. Case Details: Specify the court case in question, providing the case number, court name, and the date of the default judgment. 3. Lack of Proper Service: Clearly state that the defendant was not properly served with the summons or any other court documents related to the case. Emphasize that the defendant did not have knowledge of the lawsuit, preventing them from appearing in court or asserting their rights. 4. Supporting Evidence: Attach any evidence available to support the claim of improper service. This could include postal delivery records, lack of proof of delivery, and any other relevant documentation. 5. Request for Relief: Clearly state the relief being sought — a motion for a Writ of ErroCoralaObisis. Request that the default judgment be set aside and the case be reopened to allow the defendant an opportunity to present their defense. It's important to note that there are no different types of Louisiana 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. The content provided above covers the necessary information for this specific type of affidavit.
