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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Ohio 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 in Ohio courts to challenge a default judgment that was taken against a defendant who never appeared in court and was not properly served. This affidavit serves as a supporting document for a motion for a writ of error coral obis, which is an extraordinary remedy used to correct errors of fact not apparent on the record, prevent unjust outcomes, and provide relief to defendants who were unable to defend themselves due to circumstances beyond their control. Keywords: Ohio, affidavit, motion for writ of error coral obis, default judgment, defendant, not appeared, not served. Different variations or types of Ohio 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 may include: 1. Affidavit of Lack of Proper Service: This type of affidavit is used when the defendant claims that they were not properly served with the court summons or complaint, and therefore, the default judgment entered against them should be vacated. 2. Affidavit of Excusable Neglect: This affidavit is filed when the defendant believes that their failure to appear in court was due to circumstances beyond their control, such as illness, mistaken court dates, or some other reasonable excuse. 3. Affidavit of Meritorious Defense: This type of affidavit is filed when the defendant asserts that they have a valid defense to the claims made against them, and if given the opportunity, they can present evidence or arguments that would likely result in a different outcome. 4. Affidavit Challenging Jurisdiction: If the defendant believes that the court lacked jurisdiction over them, they may file an affidavit challenging jurisdiction, claiming that the court did not have the authority to enter a default judgment against them. 5. Affidavit of Mistaken Identity: This affidavit is used when the defendant asserts that they were mistakenly identified as the party in the lawsuit, and therefore, the default judgment should be set aside. It's important to consult with an attorney or legal professional familiar with Ohio law to determine the appropriate type of affidavit and motion to file in a specific case.
