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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
In South Carolina, 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 notice of the lawsuit. This detailed description will provide an overview of this motion, its purpose, procedures, and any potential variations or types within South Carolina's legal system. Keywords: South Carolina, Affidavit, Motion, Writ of Error Coral Obis, Default Judgment, Defendant, Appearing, Not Served, Legal System 1. Overview 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 utilized in South Carolina to challenge default judgments resulting from a lack of defendant appearance and proper service. This legal motion allows defendants to assert their rights to due process and seek relief from an unfavorable judgment. 2. Purpose The primary purpose of this affidavit is to request a Writ of Error Coral Obis, a legal remedy typically sought when all other avenues of appeal and post-conviction relief have been exhausted. Through this motion, defendants can address the issue of improper service and lack of appearance, asserting that their constitutional rights were violated. The goal is to vacate the default judgment and allow the case to be reopened for a fair determination. 3. Procedures To initiate the process, the defendant or their legal representative must draft an Affidavit in Support of Motion for Writ of Error Coral Obis. This affidavit serves as a sworn statement, presenting specific facts and circumstances that support the claim of improper service and lack of appearance. The affidavit should clearly explain the grounds for relief and any supporting evidence or legal arguments. Once the affidavit is prepared, it should be filed with the appropriate court and served to all relevant parties involved in the original lawsuit. The defendant may also need to pay applicable court fees and comply with any additional procedural requirements outlined by the court. 4. Variations or Types While it is essential to consult with a legal professional for accurate guidance, variations to this type of affidavit may exist based on specific circumstances or grounds raised for relief. These variations may include affidavits related to issues such as ineffective assistance of counsel, fraud, newly discovered evidence, or constitutional violations beyond service and appearance. It is important to note that the specific terminology and requirements for this type of affidavit may vary between different jurisdictions within South Carolina. Therefore, consulting local statutes, regulations, and legal professionals is crucial for accurate information and guidance. In conclusion, 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 enables defendants in South Carolina to challenge default judgments resulting from a lack of appearance and improper service. By filing this affidavit, defendants can seek relief and have their cases reopened for a fair determination. Proper legal advice and adherence to local court procedures are crucial for a successful outcome.
