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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 New Hampshire 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 to challenge a default judgment entered against a defendant who was unaware of the lawsuit and did not have the opportunity to defend themselves in court. Below is a detailed description of this legal process. Keywords: New Hampshire, Affidavit, Support, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Appear, Served. 1. New Hampshire Affidavit — In the state of New Hampshire, an affidavit is a sworn statement made under oath, typically used to present facts and evidence in court proceedings. A New Hampshire Affidavit is a specific type of affidavit that is used within the jurisdiction of the state. 2. Motion for Writ of Error Coral Obis — A motion for a writ of errocoralam obis is a legal request made to the court to correct errors in a judgment that were unknown to the court at the time of the decision. This type of motion is used to challenge a judgment based on newly discovered evidence or errors of fundamental nature. 3. Default Judgment — A default judgment is a legal decision made by a court when one party fails to respond or defend themselves in a lawsuit. It can be entered against a defendant who did not appear in court or respond to a complaint. 4. Defendant — The defendant is the party against whom legal action is taken, typically the person being sued in a civil case or accused of a crime in a criminal case. 5. Appear — To appear in court means to be present before the court, either in person or through legal representation, to respond to a complaint against the defendant. 6. Served — Being served refers to the act of delivering legal documents, such as a summons and complaint, to the defendant to inform them of the legal proceedings and provide an opportunity to respond. In the context of a New Hampshire 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 is to challenge a default judgment entered against a defendant who was not properly served with the legal documents or given an opportunity to defend themselves in court. This affidavit serves as evidence that the defendant was not aware of the lawsuit or the court proceedings and seeks to have the default judgment overturned. It is essential to consult an attorney with experience in New Hampshire law to ensure the proper preparation and filing of the affidavit and the motion. The affidavit must contain accurate and detailed information regarding the defendant's lack of awareness of the lawsuit, specific reasons for not appearing in court, and supporting evidence, such as relevant documents or witness statements. The motion for a writ of error coral obis should explain the legal grounds on which the judgment should be vacated, often based on fundamental errors or newly discovered evidence. Different types of this affidavit may arise depending on the specific circumstances of the case, such as whether the defendant was not served due to incorrect address, intentional evasion, or a mistake made by the court. Each situation may require a tailored approach to present a compelling argument for the court to consider vacating the default judgment. In summary, a New Hampshire 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 crucial legal document used to challenge a default judgment when the defendant was unaware of the lawsuit and did not have the chance to defend themselves. It needs to be filed accurately, including pertinent information and supporting evidence, with guidance from a knowledgeable attorney.
