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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Nebraska 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 Description: In Nebraska, an Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgment serves as a legal document that allows a defendant to challenge a default judgment that was obtained against them without their knowledge or participation in the case. This affidavit is crucial in seeking relief from a default judgment taken against a defendant who did not appear in court and was not properly served with the legal documents. Keywords: Nebraskask— - Affidavit - Motion for Writ of Error Coral Obis — Default judgment - Defendant - Appearance Serviceic— - Challenging - Relief - Legal document Types of Nebraska 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: 1. Affidavit in Support of Motion for Writ of Error Coral Obis: This type of affidavit is filed by the defendant to support their motion for a writ of error coral obis. It includes relevant details and evidence to present a compelling case for the court to consider granting relief from the default judgment. 2. Affidavit of Non-Appearance and Non-Service: This affidavit is utilized when the defendant can prove that they did not appear in court for the case and were not properly served with the necessary legal documents. It helps establish the defendant's lack of knowledge and participation in the proceedings leading to the default judgment. 3. Affidavit Establishing Lack of Notice: In cases where the defendant can demonstrate that they were not served notice of the court action or were not aware of the default judgment, this affidavit is essential. It presents evidence to substantiate the defendant's claim of improper notice or lack thereof. 4. Affidavit Supporting Grounds for Error Coral Obis: This type of affidavit outlines the grounds on which the defendant believes the error coral obis relief should be granted. It presents arguments, legal precedents, and any factual details that support the defendant's claim of a wrongful default judgment. 5. Affidavit of Meritorious Defense: Where the defendant wants to demonstrate a valid defense against the claims made in the default judgment, this affidavit plays a crucial role. It presents the essential elements and facts that could establish a meritorious defense, further supporting the motion for writ of error coral obis. It's important to consult with a legal professional to ensure the accuracy and completeness of the affidavits and other necessary documents when challenging a default judgment using a writ of error coral obis in Nebraska.
