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 The coram nobis procedure has largely been replaced by motions to open or vacate the judgment or a writ of audita querela.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 the Wisconsin 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: Wisconsin, Affidavit, Motion, Writ of Error, Coral Obis, Default, Default Judgment, Defendant, Not Appear, Not Served Introduction: In the legal context, a Wisconsin Affidavit in Support of Motion for Writ of Error Coral Obis Regarding Default and Default Judgement Taken Against Defendant who did not Appear and was not Served is a formal document used in Wisconsin court proceedings. It allows a defendant who did not appear and was not served with the necessary legal documents to challenge a default judgement against them. This article will provide a comprehensive understanding of this affidavit and its various types. 1. Understanding the Wisconsin Affidavit: The Wisconsin Affidavit is essentially a sworn statement made by the defendant, describing the circumstances of their absence, their lack of knowledge of the legal proceedings, or any other relevant information. It serves as supportive evidence for a motion for a Writ of Error Coral Obis, which requests the court to vacate the default judgement. 2. Motion for Writ of Error Coral Obis: A motion for a Writ of Error Coral Obis is a legal procedure used to challenge a final judgement when the defendant could not appear in court or was not properly served with summons. It provides an avenue for the defendant to seek relief and have the default judgement reviewed. 3. Types of the Wisconsin Affidavit in Support of Motion for Writ of Error Coral Obis: There might be several types of Wisconsin Affidavits concerning the circumstances of the default judgement taken against a defendant who did not appear and was not served. These types may include: a) Affidavit of Lack of Notice: This type of affidavit focuses on proving that the defendant did not receive proper notice of the legal proceedings. It may outline the defendant's lack of knowledge about the case, their absence from the jurisdiction, or any other factors that prevented them from appearing. b) Affidavit of Excusable Neglect: This affidavit highlights the defendant's valid reasons and circumstances that prevented them from attending court proceedings or responding to legal notices. It aims to show that the defendant's absence was not willful or careless but due to factors beyond their control. c) Affidavit of Ineffective Assistance of Counsel: This type of affidavit asserts that the defendant's previous legal representation was inadequate and ineffective in handling their case. It may describe instances of negligence, incompetence, or any factors that impeded the defendant's ability to participate in the proceedings. Conclusion: The Wisconsin 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 an essential legal document that enables defendants to challenge default judgements. By providing detailed information and relevant evidence, these affidavits play a crucial role in requesting the court to review and potentially vacate the default judgement.
