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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Montana 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 Montana, an Affidavit in Support of Motion for Writ of Error Coral Obis can be filed in cases where a default judgment has been entered against a defendant who did not appear in court and was not properly served. This legal document serves as a means for the defendant to request the court to vacate the default judgment and reopen the case. Keywords: Montana, Affidavit, Motion for Writ of Error, Coral Obis, Default Judgment, Defendant, Appear, Not Served. Types of Montana 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 Non-Service: This type of affidavit is used when the defendant can prove that they were not properly served with the court summons or any other legal documents related to the case. 2. Affidavit of Excusable Neglect: This affidavit is filed when the defendant can demonstrate that their failure to appear in court or respond to the summons was due to circumstances beyond their control, such as illness, hospitalization, or mistaken identity. 3. Affidavit of Lack of Notice: This type of affidavit is submitted when the defendant can prove that they did not receive proper notice of the court proceedings or the default judgment against them, leading to their inability to appear or defend themselves. 4. Affidavit of Meritorious Defense: This form of affidavit is used when the defendant can present credible evidence or arguments that suggest they have a valid and substantial defense to the claims made against them in the lawsuit. By filing a Montana Affidavit in Support of Motion for Writ of Error Coral Obis, the defendant is seeking to rectify the default judgment entered against them unjustly. This legal action is often taken as a last resort when the defendant was not served or did not appear due to genuine reasons and believes they have a valid defense. A successful motion can result in the default judgment being vacated, allowing the defendant to present their case and seek a fair resolution in court.
