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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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