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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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.
Vermont 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 specifically used in Vermont state court cases to challenge default judgments that were issued against defendants who were not properly served or failed to appear in court. This affidavit serves as a crucial tool for defendants seeking to have the default judgment overturned. In Vermont, there are generally two types of affidavits that can be used in support of a motion for a writ of error coral obis regarding default and default judgment: 1. Affidavit of Defendant: This affidavit is filled out and signed by the defendant who did not appear in court or receive proper service of the legal documents. It provides details such as the defendant's name, address, and contact information. It also includes a statement explaining the reasons for the failure to appear or lack of proper service, along with any supporting evidence, such as proof of insufficient service attempts or evidence of a valid excuse for not appearing. 2. Affidavit of Service: This affidavit is typically completed and signed by the person who attempted to serve the legal documents to the defendant but was unsuccessful. It includes information about the date, time, and location of the attempted service, as well as any relevant details about the defendant's absence or refusal to accept the documents. This affidavit is crucial in demonstrating that proper service was not achieved, thereby supporting the defendant's motion for a writ of error coral obis. Both affidavits must be comprehensive, accurate, and supported by relevant evidence to strengthen the defendant's case. These documents play a pivotal role in proving that the default judgment was unjustly issued and that the defendant should have an opportunity to present their defense in court. It is crucial to consult a qualified attorney or legal professional to ensure that the affidavit is properly completed and includes all essential information. Filing a motion for a writ of error coral obis can be a complex legal process, requiring an in-depth understanding of Vermont state rules and procedures.
