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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Title: Understanding Texas 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 Keywords: Texas affidavit, Motion for Writ of Error Coral Obis, Default judgment, Defendant, Non-appearance, Non-service Description: Introduction: In legal proceedings, sometimes a defendant may not appear or be served properly, leading to default judgments. However, under certain circumstances in Texas, a defendant who did not appear or receive proper service can file a "Motion for Writ of Error Coral Obis" along with an "Affidavit in Support." This article aims to provide a detailed description of this legal process and shed light on the different types of Texas affidavits involved. 1. Understanding the Motion for Writ of Error Coral Obis: The Motion for Writ of Error Coral Obis is a legal remedy available in Texas when a default judgment has been entered against a defendant who did not appear or was not properly served. It is a means of challenging the judgment by presenting new evidence or showing errors that occurred during the original proceedings. 2. Importance of the Affidavit in Support: To reinforce the Motion for Writ of Error Coral Obis, a defendant must file an Affidavit in Support, which serves as a sworn statement providing detailed facts, evidence, and legal arguments supporting the claim. It is crucial to ensure that the affidavit is clear, concise, and includes all relevant information. 3. Contents of the Affidavit: The Affidavit in Support of the Motion for Writ of Error Coral Obis should include the following elements: a. Introduction: Briefly state the purpose of the affidavit, emphasizing the intention to challenge the default judgment and the reasons for the defendant's non-appearance or non-service. b. Background: Provide a clear overview of the case, including the date, court, and parties involved. c. Non-Appearance and Non-Service: Explain in detail why the defendant did not appear in court or was not properly served, highlighting any mistakes made by the court, opposing parties, or legal authorities involved. d. New Evidence: Present any newly discovered evidence that supports the defendant's claims and could potentially lead to the reversal of the default judgment. e. Legal Arguments: Outline the legal grounds on which the defendant is seeking relief, such as due diligence, violation of procedural rules, or constitutional rights. 4. Types of Texas Affidavits in Support of Motion for Writ of Error Coral Obis: a. Affidavit of Non-Appearance: This type of affidavit is filed when the defendant did not attend court proceedings, explaining the reasons for the non-appearance and the subsequent default judgment. b. Affidavit of Non-Service: Used when the defendant was not properly served, this affidavit aims to demonstrate the lack of notice and the impact it had on their ability to defend against the claims. Conclusion: The Texas Affidavit in Support of Motion for Writ of Error Coral Obis is a crucial legal document that allows a defendant to challenge a default judgment when they did not appear or were not properly served. By filing this affidavit, defendants can present new evidence or highlight errors that occurred during the proceedings, providing an opportunity for a fair resolution of the case.
