Define: Audita Querela

Audita Querela
Audita Querela
What is the dictionary definition of Audita Querela?
Dictionary Definition of Audita Querela

Audita Querela is a legal term referring to a writ or action that allows a party to seek relief from a judgment or order that has been rendered against them. It is typically used when new evidence or circumstances arise after the judgment has been made, which could potentially change the outcome or justify a different decision. The purpose of Audita Querela is to provide a means for a party to challenge a judgment that may be unjust or unfair due to unforeseen circumstances. This legal remedy is often sought when other avenues of appeal or review have been exhausted or are not available.

Full Definition Of Audita Querela

Audita Querela is a legal doctrine that allows a party to seek relief from a final judgement or order, even if they have already exhausted all other available remedies. It is a common law remedy that is available in certain jurisdictions, including the United States.

Under Audita Querela, a party can file a motion with the court to reopen a case and request relief from a judgement or order based on new facts or circumstances that were not known or could not have been known at the time of the original judgement. The party must demonstrate that there is a valid reason for reopening the case and that they have a meritorious defence or claim.

The doctrine of Audita Querela is typically used in situations where there has been a change in the law, newly discovered evidence, or a mistake or error in the original judgement that would result in a manifest injustice if not corrected. It is a discretionary remedy, meaning that the court has the authority to grant or deny the motion based on the specific circumstances of the case.

It is important to note that Audita Querela is not available as a substitute for other available remedies, such as appeals or post-conviction relief. It is a narrow and limited remedy that is only available in exceptional circumstances where no other remedy is available.

Overall, Audita Querela provides a potential avenue for parties to seek relief from a final judgement or order when new facts or circumstances arise that were not previously known or could not have been known. However, it is a discretionary remedy and is only available in certain jurisdictions and under specific circumstances.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.

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