coram nobis

coram nobis
/koram nowbas/ In our presence; before us.
"Writ of error coram nobis" is procedural tool whose purpose is to correct errors of fact only, and its function is to bring before the court rendering the judgment matters of fact which, if known at time judgment was rendered, would have prevented its rendition. Com. v. Mangini, 478 Pa. 147, 386 A.2d 482, 490.
Its function is to bring attention of court to, and obtain relief from, errors of fact, such as a valid defense existing in facts of case, but which, without negligence on defendant's part, was not made, either through duress or fraud or excusable mistake, where facts did not appear on face of record, and were such as, if known in season, would have prevented rendition of the judgment questioned. People v. Tuthill, 32 Cal.2d 819, 198 P.2d 505, 506.
The essence of the common law remedy of coram nobis is that it is addressed to the very court which renders the judgment in which injustice is alleged to have been done, in contrast to appeals or review dirgcted to another court; the words "coram nobis," meaning "our court," as compared to the common-law writ of "coram vobis," meaning "your court," clearly point this up. The writs of coram nobis and coram vobis have been abolished by Fed.R.Civil P. 60(b) and superseded by relief as provided by that rule.
See also coram vobis

Black's law dictionary. . 1990.

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  • Coram nobis — or coram vobis also known as error coram nobis or error coram vobis (from Latin quae coram nobis resident, or quae coram vobis resident, which [things] remain in our presence , or in your presence , respectively: the things referred to are the… …   Wikipedia

  • Coram nobis — (lat. in unserer Gegenwart) ist nach angelsächsischem Gewohnheitsrecht ( common law ) ein Antrag bzw. Gesuch vor Gericht, einen vorher gemachten ernsten Irrtum zuzugeben und zu korrigieren. Ursprünglich war dieses Gesuch ein writ in equity , das… …   Deutsch Wikipedia

  • coram nobis — cor·am no·bis / kȯr əm nō bəs, kō räm nō bēs/ n [Latin, in our presence]: writ of error coram nobis at writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • coram nobis — /koram nowbas/ In our presence; before us. Writ of error coram nobis is procedural tool whose purpose is to correct errors of fact only, and its function is to bring before the court rendering the judgment matters of fact which, if known at time… …   Black's law dictionary

  • coram nobis — I. |nōbə̇s adjective (or adverb) Etymology: New Latin, literally, before us 1. obsolete, of a writ of error : for the review in the King s Bench of its own judgments as to errors of fact 2. : based upon an alleged error of fact used of a writ of… …   Useful english dictionary

  • coram nobis — In our presence; before us. A writ used to obtain review of a judgment for the purpose of correcting errors of fact in criminal as well as in civil proceedings. 18 Am J2d Coram Nobis § 1. For fine distinction between coram nobis and coram vobis,… …   Ballentine's law dictionary

  • coram nobis — /kawr am noh bis, kohr am/, Law. a writ to correct an injury caused by a mistake of the court. [ < L: before us] * * * …   Universalium

  • coram nobis — /kɔrəm ˈnoʊbɪs/ (say kawruhm nohbis) Law of or relating to a petition to a court to address an error in a judgement where no other remedy is available. {Latin: literally, in our presence; in the context of a court proceedings, translated as (the… …  

  • writ of coram nobis — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. writ of coram nobis …   Law dictionary

  • writ of error coram nobis — see writ Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

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