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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
A Mississippi 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 the state of Mississippi to challenge a default judgment entered against a defendant who was not served with the lawsuit and did not appear in court. Keywords: Mississippi Affidavit, Motion for Writ of Error Coral Obis, Default Judgment, Defendant, Not Served, Default, Writ, Error Coral Obis, Legal Document, Lawsuit. Types of Mississippi Affidavits in Support of Motion for Writ of Error Coral Obis may include: 1. Affidavit of Lack of Notice: This type of affidavit emphasizes that the defendant was not properly served with a notice regarding the lawsuit, and hence, they were unaware of the legal proceedings against them. 2. Affidavit of Lack of Appearance: This affidavit focuses on the defendant's failure to appear in court, highlighting that they did not intentionally avoid the lawsuit but instead failed to attend due to reasons such as lack of notice or misinformation. 3. Affidavit of Lack of Service: This affidavit centers around the defendant's claim that they were not properly served with the lawsuit papers, thereby rendering the default judgment invalid. 4. Affidavit of Merit: In some cases, the defendant may include an additional affidavit of merit, which presents evidence or arguments supporting their innocence or a valid defense against the claims made in the lawsuit. The purpose of these affidavits is to provide detailed information and evidence to the court, demonstrating that the default judgment should be set aside due to the defendant's lack of notice, failure to appear, or improper service. It is essential to consult a qualified attorney familiar with Mississippi laws to accurately draft and submit these affidavits to increase the chances of a successful motion for a writ of error coral obis.
