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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Missouri 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 In Missouri, when a default judgment has been taken against a defendant who did not appear in court and was not properly served, the defendant may be able to file a motion for a writ of error coral obis. This legal document is known as the Missouri 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 purpose of this affidavit is to support the defendant's motion for a writ of error coral obis, which essentially asks the court to set aside the default judgment based on the defendant's lack of notice or opportunity to defend themselves. This remedy is available in situations where a defendant was not properly served with legal papers or did not receive proper notice of the lawsuit. Keywords: Missouri, affidavit, motion, writ of error, coral obis, default judgment, defendant, appear, served. Types of Missouri 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: 1. Affidavit of Lack of Service: This type of affidavit is used when the defendant can provide evidence or testify under oath that they were not properly served with the legal documents related to the lawsuit. It may include details about the defendant's attempts to locate and verify service of the papers. 2. Affidavit of Lack of Notice: When a defendant can demonstrate that they did not receive proper notice of the lawsuit, they can use this affidavit. It may contain information about the defendant's unawareness of the legal proceedings due to reasons such as address changes, faulty mail delivery, or other circumstances preventing receipt of notice. 3. Affidavit of Lack of Opportunity to Defend: If the defendant can prove that they were unaware of the lawsuit and consequently did not have an opportunity to present their case in court, this affidavit can be utilized. It may outline reasons such as being out of state, hospitalized, or facing other extenuating circumstances that prevented their participation. 4. Affidavit of Mistaken Identity: In certain cases, a defendant may argue that they have been wrongfully identified in the lawsuit. This affidavit highlights that the defendant is not the individual who should be held liable, presenting evidence such as incorrect personal information, mistaken identity, or a case of mistaken or swapped identities. Remember, the specific type of Missouri affidavit in support of a motion for a writ of error coral obis may vary depending on the circumstances of the case. Consulting with an attorney who specializes in Missouri civil procedure is always advisable to ensure the correct form and content are used.
