The writ of coram vobis is a legal instrument that requests a court to reexamine its own ruling or verdict. It is utilised in cases where the court or its clerks have made errors, or when there are inaccuracies in the evidence presented during a trial. This writ can be directed to a court other than the King’s Bench, such as the Court of Common Pleas. It is also occasionally referred to as a writ of error coram vobis.
A writ of coram vobis, derived from the Latin phrase “before you,” is a legal term used to refer to a type of writ of error that is utilised to review a court’s judgement. There are two main types of writs of coram vobis: one directed to a court other than the King’s Bench, particularly the Court of Common Pleas, to review its judgement and correct errors in the court process, and another sent by an appellate court to a trial court to review the trial court’s judgement based on an error of fact. For example, if a person believes that the Court of Common Pleas made an error in their case, they may file a writ of coram vobis to have the court’s judgement reviewed. Similarly, if an appellate court believes that a trial court made an error of fact in a case, they may send a writ of coram vobis to the trial court to review the judgement.
A Writ of Coram Vobis is a legal remedy that allows a court to review and potentially correct a previous judgment or order that was made due to a mistake or error.
You can file a Writ of Coram Vobis when you believe there has been a fundamental error in a previous judgment or order that has resulted in a miscarriage of justice.
The grounds for filing a Writ of Coram Vobis include newly discovered evidence, fraud, mistake, or any other circumstances that would render the previous judgment or order unjust.
To file a Writ of Coram Vobis, you need to prepare a written application or petition and submit it to the appropriate court. It is advisable to seek legal assistance to ensure the proper procedure is followed.
Yes, there is usually a time limit for filing a Writ of Coram Vobis. The specific time limit may vary depending on the jurisdiction and the nature of the case. Consult with an attorney to determine the applicable deadline.
No, a Writ of Coram Vobis is typically used to challenge final judgments or orders. It may not be applicable to interlocutory or procedural rulings.
To succeed in a Writ of Coram Vobis, you generally need to demonstrate that there is clear and convincing evidence of a fundamental error that has resulted in a miscarriage of justice.
No, a Writ of Coram Vobis is not an appeal. It is a separate legal remedy that seeks to correct errors in a previous judgment or order.
If a Writ of Coram Vobis is successful, the court may vacate or modify the previous judgment or order, leading to a new trial or a different outcome.
While it is possible to represent yourself in a Writ of Coram Vobis proceeding, it is highly recommended to seek the assistance of an experienced attorney. The process can be complex, and legal expertise can greatly increase your chances of success.
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: 16th April 2024.
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