Massachusetts Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served

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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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.

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FAQ

The only difference today is that "coram nobis" (literally "before us") is sought in the trial court, and "coram vobis" (literally "before you") is sought in the appellate court. People v. Kim, 45 Cal.

It merely distinguishes those situations where the clerk may enter judgment by default from those where court action is required. Rule 55(c) allows the court to set aside the entry of default for "good cause"; and may, for any of the grounds set forth in Rule 60(b), set aside a judgment by default.

If a creditor has a money judgment, it can hire an enforcement officer to collect money and property from a judgment debtor. An enforcement officer is a sheriff, police officer, city marshal, town constable, or village constable that's authorized to take the debtor's property or money to pay the judgment.

Ing to CPLR 5015 (a) a court which rendered a judgment may relieve a party from it in the interests of justice. A court may, thus, reverse its judgment where, for example, there was an excusable default or where evidence, discovered after a trial, makes the result of that trial unjust.

The Latin translation of Coram Nobis is ?the errors before us.? The writ of Coram Nobis is filed in a federal court known as the United States District Court when there is an error not presented on the record in the trial court, and the error may have produced a different judgment at trial.

Under CPLR 3215(a), a defendant can seek a default judgment for costs before the clerk when: The plaintiff fails to proceed in an action called for trial. The court orders a dismissal for a neglect to proceed. (CPLR 3215(a); 22 NYCRR 202.27(b); EMC Mtge.

Under CPLR 3215, a default judgment may be obtained against. a defendant who has failed to proceed in an action.112 Once the. defendant has conceded liability by defaulting, the plaintiff must. apply to the court for a judgment, and an inquest must be con- ducted to determine damages.'

Under CPLR 3215(a), a defendant can seek a default judgment for costs before the clerk when: The plaintiff fails to proceed in an action called for trial. The court orders a dismissal for a neglect to proceed.

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Massachusetts Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served