Legal Definitions - writ of coram vobis

A writ of coram vobis is an extraordinary legal request made to a court to correct its own judgment in a civil case. This writ is used when a judgment was based on a crucial error of fact that was unknown to the court at the time it made its decision. For the writ to be granted, this factual error must be so significant that, had the court been aware of it, it would have prevented the judgment from being issued as it was. It is a rare remedy, typically sought when no other legal avenue, such as an appeal, is available to correct the injustice.

• Example 1: Judgment Against a Deceased Party

  Imagine a bank successfully obtains a default judgment against a borrower for an unpaid debt. Years later, it is conclusively discovered that the borrower had actually passed away *before* the lawsuit was even filed, and the court was never informed of this fact. The judgment was entered against a person who was no longer alive.

  How it illustrates the term: This situation involves a fundamental factual error – the non-existence of the defendant – that was unknown to the court at the time of judgment. Had the court known the borrower was deceased, it would not have issued a judgment against them. A writ of coram vobis could be sought by the borrower's estate to vacate the judgment, as it was based on a critical, unknown factual premise.

• Example 2: Mistaken Identity Due to Clerical Error

  Consider a scenario where a court issues a judgment for property damages against "Ms. Jane Doe of 123 Elm Street" based on an accident report. Later, it is definitively proven that the actual responsible party was "Ms. Joan Doe of 456 Oak Avenue," and the original report contained a clerical error in the address and first name, leading to the wrong individual being sued and having a judgment entered against her. The court was unaware of this mistaken identity during the proceedings.

  How it illustrates the term: The judgment was based on a critical factual error regarding the identity of the defendant. If the court had known the true identity of the responsible party, it would not have issued the judgment against Ms. Jane Doe. A writ of coram vobis could be used to correct this judgment, as it rests on a material factual mistake unknown to the court.

• Example 3: Undiscovered Material Evidence

  In a civil dispute over a contract, a court issues a judgment based on the terms presented by both parties. Several years later, a previously undiscovered, authenticated addendum to the contract surfaces. This addendum proves that a critical clause of the contract was actually amended *before* the lawsuit was filed, fundamentally altering the obligations of the parties. This document was not available or known to the court or either party during the original proceedings.

  How it illustrates the term: The court's original judgment was based on an incomplete understanding of the contractual facts. The newly discovered addendum reveals a material factual error that, had it been known at the time, would have led to a different judgment. A writ of coram vobis could be sought to revisit the judgment based on this previously unknown, crucial fact that directly impacted the court's decision.