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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Tennessee 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 Tennessee courts to seek relief for a defendant who was unaware of a default judgment entered against them due to lack of service and failure to appear in court. This affidavit is filed in support of a motion for a writ of error coral obis, which is a legal remedy available when a judgment has been obtained by fraud, mistake, or some other factor that prevented a fair hearing. There are various types of Tennessee Affidavits 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. These include: 1. Affidavit of Defendant: In this type of affidavit, the defendant signs a sworn statement explaining the circumstances that led to their failure to appear in court and the lack of service of process. They can outline any reasons why they were unaware of the lawsuit and why they believe a default judgment was improperly entered against them. 2. Affidavit of Due Diligence: This affidavit is typically submitted by the defendant's attorney or a process server. It explains any attempts made to locate and serve the defendant prior to the default judgment being entered. It may include details such as searches conducted, contact attempts made, and any relevant information that shows efforts were taken to provide proper notice. 3. Affidavit of Non-Service: This affidavit is filed by the process server or an individual responsible for serving the defendant. It states that despite diligent efforts, the defendant could not be served with the legal documents related to the lawsuit. It can provide details of the attempted service and reasons why it was unsuccessful. 4. Affidavit of Lack of Notice: This affidavit is used to assert that the defendant did not receive proper notice of the lawsuit or the hearing. It can include reasons why the defendant was unaware of the legal proceedings, such as address changes, communication issues, or any other factors that may have hindered receipt of the required documents. In summary, a Tennessee 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 crucial legal document used to rectify a default judgment entered against a defendant who was not properly served and failed to appear in court. These different types of affidavits provide an opportunity for the defendant to present their case and seek relief from the court.
