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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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

Maine 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: A Detailed Description In Maine, 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 is a legal document used in civil cases. This affidavit is filed by a defendant who seeks to challenge a default judgment entered against them due to their failure to appear in court and not being properly served with the initial summons and complaint. Keywords: Maine, affidavit, motion, writ of error coral obis, default judgment, defendant, not served, not appearing The purpose of filing an Affidavit in Support of Motion for Writ of Error Coral Obis is to request the court to reopen the case and set aside the default judgment. This motion is often used when a defendant is unaware of the lawsuit against them because they were not properly served with the required legal documents, or they did not receive any notice of the lawsuit. If there are different types of this affidavit in Maine, they are typically separated by the specific grounds for challenging the default judgment. Some possible types include: 1. Affidavit Alleging Lack of Proper Service: This type of affidavit is used when the defendant claims they were not served with the summons and complaint according to the legal requirements set forth by the state of Maine. The affidavit will detail the defendant's efforts to establish that they were not duly served. 2. Affidavit Alleging Lack of Notice: In this case, the defendant asserts that they did not receive any notice or knowledge about the lawsuit filed against them before the default judgment was entered. This affidavit will outline the defendant's attempts to prove their lack of notice, such as providing evidence of incorrect contact information or irregularities in the mailing process. 3. Affidavit Asserting Excusable Neglect: This type of affidavit is used when the defendant admits that they were aware of the lawsuit but failed to respond or appear in court due to a legitimate reason that caused their neglect, such as illness, mental incapacity, or unavoidable circumstances. The affidavit will provide a detailed explanation of the defendant's situation, demonstrating why their neglect was excusable. When drafting the Affidavit in Support of Motion for Writ of Error Coral Obis, it is crucial to include specific details related to the defendant's lack of service, notice, or excusable neglect. The affidavit needs to be signed in the presence of a notary public or authorized officer, and it should be accompanied by supporting documents, such as evidence of incorrect or incomplete service attempts, correspondence proving lack of notice, or medical records, if applicable. It is recommended to seek the assistance of an experienced attorney to prepare and file this affidavit correctly, as the requirements and specific procedures may vary depending on the jurisdiction and court rules within Maine.

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When a communication is offered in an action between clients who were represented jointly by the lawyer, the lawyer-client privilege does not protect that communication if it is relevant to a matter of common interest between clients, and if the communication was made by any one of the clients to the lawyer retained or ...

The justice or judge before whom an action has been tried may on motion grant a new trial to all or any of the parties and on all or part of the issues for any of the reasons for which new trials have heretofore been granted in actions at law or in suits in equity in the courts of this state.

Maine Rule 201 is similar, but not identical to Federal Rule 201. In Maine there is no distinction between civil and criminal cases in the effect of judicial notice. In both cases the court instructs the jury that the fact noticed should be accepted as conclusive.

Rule 303 - Presumptions in Criminal Cases (a) Scope. This rule governs the application of statutory and common law presumptions, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt in criminal cases.

RULE 402. Irrelevant evidence is not admissible.

Evid. 703. An expert may base an opinion on facts or data in the case that the expert has been made aware of or has personally observed.

A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made for the purpose of diagnosing or treating the patient's physical, mental, or emotional condition, including alcohol or drug addiction, between or among the patient and: (1) The patient's ...

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

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Jun 5, 2023 — Execution in a personal action shall not issue upon a judgment by default against an absent defendant who has no actual notice thereof until ... No default judgment may be entered in a collection action filed pursuant to Title 32, Chapter 109-A of the Maine Revised Statutes and brought by a "debt buyer" ...Community service work imposed by the challenged criminal judgment that has not ... The failure to include an affidavit of indigency with the petition does not ... by LB Orfield · 1934 · Cited by 33 — appeal is in effect a common law writ of error, a judgment of affirmance does not make the judgment that of the appellate court hence the writ must still ... Execution shall not issue upon a judgment by default against an absent defendant in a personal action who has no actual notice thereof until one year after ... (i) Any affidavit or other paper necessary to support a motion must be served and ... no action on the petition has been taken. Commentary on Rule 27. Rule 27 is ... A writ of coram nobis is a legal order allowing a court to correct its original judgment upon discovery of a fundamental error that did not appear in the ... 2. To complete the top part of each form, copy from your original judgment or prior order. The location, docket number, and names of plaintiff and defendant ... To show that the writ is warranted, "a coram nobis petitioner must explain his failure to seek earlier relief from the judgment, show that he continues to ... The application must be filed within 30 days after the entry of a final appellate judgment and may be made in the same case from which the appeal was taken, ...

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Maine 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