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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
An affidavit is a legal document commonly used in court proceedings as evidence or as a sworn statement of facts. In the case of a New Mexico 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, it serves as an important tool for defendants seeking relief from a default judgment when they were not properly notified of the court proceedings. Here is a detailed description of this specific type of affidavit: Title: New Mexico 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 Keywords: New Mexico, Affidavit, Motion, Writ of Error Coral Obis, Default, Default Judgment, Defendant, Not Appear, Not Served Description: The New Mexico 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 filed by a defendant who has been subjected to a default judgment without receiving proper notice or an opportunity to defend themselves in court. In this particular situation, the defendant seeks relief by filing a motion for a writ of error coral obis, which is a post-conviction remedy used when errors of fact have occurred that, if known at the time of the original proceedings, would have resulted in a different outcome. The purpose of this affidavit is to support the defendant's motion by providing an accompanying sworn statement. The affidavit will typically include the following information: 1. Defendant's Personal Information: — Full legaNamam— - Current address - Contact details 2. Case Details: — Court casnumberbe— - Date of default judgment — Description of the default judgment and its consequences 3. Lack of Notice and Lack of Service: — Detailed explanation and supporting evidence demonstrating how the defendant was not properly served with the legal documents or did not receive adequate notice of the court proceedings — Description of any attempts made by the defendant to rectify the lack of service or notice 4. Facts Supporting Error Coral Obis: — Elaboration on errors of fact or misrepresentations that occurred during the original proceedings, which were unknown to the defendant at that time — Explanation of how these errors or misrepresentations would have influenced the outcome of the case, had they been known 5. Supporting Documentation: — Any relevant evidence, such as correspondence or records, proving the lack of service or notice, and substantiating the claims made in the affidavit It is important to note that specific requirements and procedures for filing this affidavit may vary, and it is advisable to consult with a qualified attorney or legal professional for guidance in preparing and filing this document. Alternative Names for Different Types of New Mexico 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 (if applicable): — Affidavit in Support of Motion for Writ of Error Coral Obis Due to Lack of Service and Default Judgment — New Mexico Affidavit for Relief from Default Judgment Based on Insufficient Notice — Affidavit Supporting Motion for Writ of Error Coral Obis: Lack of Proper Service and Notice in Default Judgment Case.
