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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Pennsylvania 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 in Pennsylvania courts to seek relief for a defendant in a case where they were not properly served with notice and did not appear but were still subject to a default judgment. In such a situation, the defendant can file a motion for writ of error coral obis, which is a legal process to challenge a judgment due to fundamental errors or omissions that prevented a fair trial. The affidavit serves as a supporting document for the motion and provides detailed information about the circumstances leading to the default judgment and the reasons why it should be overturned. The Pennsylvania 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. Case information: The affidavit starts by providing relevant details about the case, such as the case number, court name, and the parties involved. 2. Personal information: The affidavit includes the defendant's personal information, such as their full name, address, contact details, and any other pertinent information the court may require. 3. Background of the case: This section explains the background and context of the case, including the date when the default judgment was entered and the reasons why the defendant did not appear. 4. Lack of proper service: The affidavit must clearly state that the defendant was not properly served with the necessary legal documents related to the case, such as the summons and complaint. 5. Failure to receive notice: The affidavit should explain the defendant's lack of awareness of the case due to not receiving any notice of the lawsuit. 6. Merit of defendant's defense: The affidavit should outline the potential merits of the defendant's defense, demonstrating why it is essential for the default judgment to be overturned and for the defendant to have their day in court. In Pennsylvania, there may not be multiple types of Pennsylvania 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 affidavit primarily serves as a supporting document for the motion itself, which is the primary legal procedure. However, there may be variations in the specific content or format of the affidavit depending on the court or the specific circumstances of the case.
