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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Rhode Island 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 Rhode Island, an Affidavit in Support of Motion for Writ of Error Coral Obis is a legal document filed by a defendant who did not appear in court and was not properly served with relevant court documents. This affidavit is used to request the court to review and potentially vacate a default judgment that was entered against them. The Rhode Island Affidavit in Support of Motion for Writ of Error Coral Obis serves as the supporting document for the defendant's motion, providing the court with important information to consider when evaluating the circumstances of the default judgment. This affidavit typically includes the following essential elements: 1. Defendant's Identification: The defendant's full name, address, and contact information are provided, ensuring accurate identification. 2. Case Details: A complete description of the case in question, including the court where the default judgment was entered, the case number, and the specific judgment rendered. 3. Statement of Non-Appearance and Non-Service: The affidavit must clearly state that the defendant did not appear in court and was not served with the required court documents, highlighting any failures in the legal process. 4. Supporting Facts: The affidavit should present any relevant facts that explain the defendant's absence or lack of service, such as incorrect addresses, failure to receive notice, or any other circumstances that prevented the defendant's participation. 5. Violation of Due Process: It is crucial to argue that the default judgment violated the defendant's constitutional right to due process, emphasizing that they were not provided with an opportunity to present their case or defend themselves. 6. Request for Relief: The affidavit should conclude by asking the court to grant the Motion for Writ of Error Coral Obis, which could result in the vacating or overturning of the default judgment. It's important to note that there are typically no different types of Rhode Island Affidavit in Support of Motion for Writ of Error Coral Obis regarding default and default judgment taken against a defendant who did not appear and was not served. However, variations in the specific details and circumstances of each case may require unique arguments or additional evidence to support the motion. Overall, the Rhode Island Affidavit in Support of Motion for Writ of Error Coral Obis serves as a powerful tool for defendants seeking to challenge a default judgment, providing them with an opportunity to rectify the lack of their appearance and lack of proper service.
