Nebraska 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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Multi-State
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US-02170BG
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Word; 
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Description

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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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

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FAQ

The purpose of an order nunc pro tunc is to correct clerical or formal errors in order to make the record correctly reflect the judgment actually rendered by the court.

Nebraska Civil Statutes of Limitations at a Glance There is also a four-year limit for fraud, trespassing, oral contracts, and some other causes of action. For judgments and written contracts, there is a five-year statute of limitations.

In order to qualify for treatment as a motion to alter or amend a judgment, a motion must be filed no later than 10 days after the entry of judgment and must seek substantive alteration of the judgment.

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of. the subject matter, or of the parties, or acted in a manner inconsistent with due. process, Fed.

Amended and supplemental pleadings. (a) Amendments. A party may amend the party's pleading once as a matter of course before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted, the party may amend it within 30 days after it is served.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

A motion to quash may be made in all cases when there is a defect apparent upon the face of the record, including defects in the form of the indictment or in the manner in which an offense is charged. G.S.1873, c. 58, § 440, p.

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Nebraska 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