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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Puerto Rico 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: In Puerto Rico's legal system, an 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 entered against a defendant who did not appear in court and was not properly served with the court summons. This affidavit serves as evidence that the defendant had no knowledge of the lawsuit or the court proceedings and requests the court to reopen the case for further proceedings. By filing this motion, the defendant seeks to rectify any injustices resulting from the default judgment. Keywords: Puerto Rico, affidavit, support, motion, writ of error, coral obis, default judgment, defendant, not appear, not served, challenge, legal document, court summons, evidence, lawsuit, court proceedings, reopen, case, injustices. Different Types of Puerto Rico 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: 1. Affidavit of Lack of Notice: This affidavit asserts that the defendant did not receive proper notice of the lawsuit or court proceedings and was therefore unable to appear in court to defend their case. 2. Affidavit of Ineffective Service: This type of affidavit claims that the defendant was not properly served with the court summons, either due to errors made by the process server or other factors, rendering the default judgment invalid. 3. Affidavit of Excusable Neglect: This affidavit argues that the defendant's failure to appear in court was due to circumstances beyond their control or were unintentional, thus justifying the reopening of the case. 4. Affidavit of Meritorious Defense: In this affidavit, the defendant presents evidence or facts that support a valid defense to the claims made against them in the lawsuit. This affidavit aims to prove that the default judgment was made erroneously and that the defendant should have the opportunity to present their defense. 5. Affidavit of Due Diligence: This type of affidavit asserts that the defendant took reasonable efforts to discover the existence of the lawsuit and the court proceedings but was unsuccessful in doing so. It demonstrates that the default judgment was entered without proper notice to the defendant. Note: The specific types of affidavits used may vary depending on the circumstances and requirements set forth by Puerto Rico law.
