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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Maryland 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 Maryland to challenge a default judgment taken against a defendant who did not appear in court and was not properly served with the lawsuit. Keywords: Maryland, Affidavit, Motion, Writ of Error Coral Obis, Default, Default Judgment, Defendant, Appear, Served. In Maryland, if a defendant has been defaulted and a default judgment has been entered against them without their knowledge or involvement in the case due to improper service or not appearing in court, they can file an Affidavit in Support of Motion for Writ of Error Coral Obis. This motion allows the defendant to seek relief from the default judgment and have the case re-examined by the court. The Maryland 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 includes the following details and steps: 1. Caption and Introduction: — The affidavit begins with the court's name, the case number, and the names of the parties involved. — The introductions clearly state that it is an affidavit in support of a motion for a writ of error coral obis regarding default and default judgment. 2. Declaration of Facts: — The defendant must provide a detailed explanation of the circumstances leading to the default judgment, including why they did not appear in court or were not properly served. — They need to provide evidence to support their claim, such as proof of an incorrect address, failure to receive notice, or any other facts that show lack of proper service. 3. Defenses: — The defendant will present any valid defenses against the allegations made in the original lawsuit. — They may challenge the plaintiff's claims or provide evidence to support their position. 4. Request for Relief: — The defendant will request that the court grant them relief from the default judgment and set aside the default. — They may request a new trial or an opportunity to present their case properly. 5. Affirmation and Signature: — The affidavit must be signed by the defendant or their attorney, affirming that the information provided is true and accurate to the best of their knowledge. Different types of Maryland 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 may include variations specific to different cases, such as: 1. Defendant Did Not Receive Notice: — This affidavit would focus on the defendant's claim that they did not receive proper notice of the lawsuit. — They may provide evidence such as changed addresses, mail delivery issues, or any other reasons showing lack of notice. 2. Defendant Was Not Properly Served: — Here, the affidavit would center around the defendant's argument that they were not properly served with the lawsuit. — They could provide evidence of incorrect service methods, lack of personal service, or improper service of process. 3. Defendant Has a Valid Defense: — This affidavit would focus on presenting a valid defense to the plaintiff's claims. — The defendant would provide evidence, witnesses, or any other information proving their defense. It is important to consult with an attorney experienced in Maryland law to ensure the proper filing and presentation of an 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.
