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Simple English definitions for legal terms
writ of audita querela
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A quick definition of writ of audita querela:
A writ of audita querela is a legal document that allows a person to challenge a previous court decision or judgment. It is also known as a writ of capias. This writ is used when a person believes that a judgment was made in error or that there are new facts that were not considered during the original trial. It is a way for a person to ask the court to reconsider their case and potentially change the outcome.
A more thorough explanation:
A writ of audita querela is a legal document that allows a person to challenge a judgment or order that has already been made. It is used when new information or circumstances arise that were not known at the time of the original judgment or order.
For example, if a person is convicted of a crime and later discovers evidence that was not presented at the trial, they may file a writ of audita querela to challenge the conviction based on the new evidence.
Another example is if a person is ordered to pay a debt but later becomes unable to do so due to unforeseen circumstances, they may file a writ of audita querela to ask the court to reconsider the order based on their changed financial situation.
The writ of audita querela is a way for individuals to seek justice and fairness in situations where the original judgment or order no longer seems appropriate or just.