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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Jersey 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 that was wrongly issued against a defendant who neither appeared nor received proper service of process. This affidavit is an important tool for defendants who were not aware of the lawsuit or were unable to participate in the legal proceedings. The purpose of this affidavit is to provide a detailed account of the circumstances of the default judgment, highlighting the lack of proper service and the defendant's lack of knowledge about the lawsuit. By presenting this evidence, the moving seeks to have the default judgment set aside, allowing them to have their day in court. The New Jersey 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 typically includes the following key elements: 1. Personal Information: The affidavit starts with the full legal name, address, phone number, and any other relevant contact information of the person making the affidavit, who is usually the defendant or their legal representative. 2. Case Information: This section includes details about the original lawsuit, such as the case number, names of the parties involved, and the court where the default judgment was entered. 3. Grounds for Relief: The affidavit outlines the grounds for seeking relief from the default judgment. This generally includes demonstrating the defendant's lack of knowledge about the lawsuit and the absence of proper service of process. Any supporting evidence, such as records of attempted or improper service, should be attached as exhibits to the affidavit. 4. Timeline of Events: This section provides a chronological account of the events leading up to the default judgment, emphasizing any irregularities or shortcomings in the service of process. It may include details of attempts made to notify the defendant and any evidence showing that the defendant did not have actual knowledge of the lawsuit before the default judgment was entered. 5. Statement of Facts: This section presents a detailed narrative of the facts surrounding the defendant's failure to appear and the subsequent default judgment. It should clearly highlight the lack of notice and the defendant's inability to respond due to the absence of proper service. 6. Legal Arguments: The affidavit may include a concise statement of legal arguments supporting the request for relief. This could involve citing relevant New Jersey statutes, court rules, or legal precedents that establish a basis for setting aside default judgments in cases where the defendant was not properly served and did not have an opportunity to participate. Aside from the standard New Jersey 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, there are no specific types of such affidavits as they typically serve the same purpose. However, variations in language, format, or specific requirements may exist based on the unique circumstances of individual cases or specific courts' rules and procedures.
