Ohio Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served

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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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.

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FAQ

The Latin translation of Coram Nobis is ?the errors before us.? The writ of Coram Nobis is filed in a federal court known as the United States District Court when there is an error not presented on the record in the trial court, and the error may have produced a different judgment at trial.

The only difference today is that "coram nobis" (literally "before us") is sought in the trial court, and "coram vobis" (literally "before you") is sought in the appellate court. People v. Kim, 45 Cal.

: an application for a hearing to reverse action in a lower court that is a statutory substitute in some jurisdictions for the common-law writ of error compare appeal.

Habeas Corpus is a Latin word meaning which literally means 'to have the body of'. It is an order issued by the court to a person who has detained another person, to produce the body of the latter before it. The court then examines the cause and legality of detention.

Noun phrase. : a common law writ directing an inferior court to remit the record of a legal action to the reviewing court in order that an error of law may be corrected if it exists.

In Ohio, a "default" judgment can be obtained in a civil lawsuit if one party fails to file an "Answer" to the Plaintiff's "Complaint", or a "Reply" to a Defendant's Counter-Claim. In order to get a default judgment, the Plaintiff in the lawsuit must first obtain valid service of process.

A writ emanating from an appellate court, demanding that a lower court convey the record of a case to the appellate court so that the record may be reviewed for alleged errors of law committed during a juridical proceeding.

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Ohio Affidavit in Support of Motion for Writ of Error Coram Nobis Regarding Default and Default Judgment Taken Against Defendant who did not Appear and was not Served