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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 Utah 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 that aims to rectify a default judgment entered against a defendant who was not served or did not appear in court. This affidavit serves as evidence to support the defendant's motion for a writ of error coral obis, which is a legal process designed to correct errors of fact or law that were not considered during the initial trial. In Utah, there aren't specific types of affidavits for this particular situation. However, various key elements and relevant keywords should be included in the content of the affidavit: 1. Defendant's Details: Start by providing the defendant's full name, contact information, including their residential address, phone number, and email address (if available). 2. Case Details: Clearly state the case number, court where the default judgment was taken, the judge presiding over the case, and the date on which the default judgment was entered. 3. Service of Process Issues: Explain that the defendant was not served with the requisite summons or legal notices, highlighting any irregularities in the process of serving them. Include details such as the absence of proper service attempts, failure to notify the defendant of the lawsuit, or any other issues that demonstrate a lack of proper service. 4. Lack of Appearance: Affirm that the defendant did not appear in court voluntarily or through legal representation, emphasizing that their absence was not due to negligence or a deliberate attempt to evade the legal proceedings. 5. Default Judgment Errors: Identify any errors of fact or law made during the default judgment hearing, noting that these errors deprived the defendant of a fair trial and resulted in an unjust default judgment. 6. Supporting Evidence: Attach any relevant documents that support the claims made in the affidavit. This may include correspondence with the court or the plaintiff regarding the lack of service or the defendant's absence, proof of attempts to rectify the situation, or any other evidence that strengthens the defendant's position. 7. Affine's Statement: Include a section where the affine (the person signing the affidavit) declares, under penalty of perjury, that the information provided in the affidavit is true and accurate to the best of their knowledge and belief. 8. Notary Acknowledgment: Arrange for the affidavit to be notarized by a licensed notary public who will verify the identity of the affine and witness the signing of the document. Remember to consult an attorney or legal professional to ensure your affidavit meets the specific requirements and standards of the Utah judicial system.
