Coram nobis is a legal writ used to reverse the outcome of a case due to an error of fact. It can modify or cancel the original outcome, but is rare and enforced differently depending on jurisdiction. A petitioner must prove the error and explain any delay in seeking remedy. It can restore ex-convicts to their pre-conviction state and reverse judgments in civil cases. An attorney can prepare a petition, but research may be required due to its rarity.
Coram nobis is a legal term for a writ produced by a court to reverse the outcome of a case when there has been a clear error of fact. If it is not possible to cancel the outcome in the original case, it can be modified with an act of coram nobis. Such acts are relatively rare and can be enforced in different ways, depending on the jurisdiction. In some regions, for example, it is not possible to use this type of legal act in a civil case, but only in criminal cases.
A petitioner applying for a writ of coram nobis must be able to prove the error of fact and explain why it was not addressed at the time. Errors of fact can occur for a variety of reasons, ranging from an unwitting unawareness of a fact to a prosecutor’s decision to withhold exculpatory material from attorneys on the defendant’s side. Cases where people have been intimidated or tricked into hiding facts can also be used as a reason for this type of legal act.
People may discover a factual error long after a trial has ended, or they may have other reasons to delay the move to seek legal remedy by the time the error is discovered. In general, explaining why there was a delay can be one of the more difficult parts of applying for a coram nobis writ. In cases where the information has clearly been withheld and people have just discovered it, the writ may be clearer, but in others, a judge may view the request for a coram nobis writ unfavorably.
Sometimes, such acts don’t go through until a case has been decided and someone has been penalized. In the case of people released from prison after serving a sentence, this type of act can be used to restore the ex-convict to their pre-conviction state, restore voting rights, end probation restrictions, and address any other restrictions imposed on the person as part of the sentence or probation terms. In civil cases, the writ can be used to reverse a judgment ordering someone to pay damages or to end an injunction.
An attorney can prepare a petition for a writ of coram nobis, reviewing the reasons why the writ is requested and providing supporting materials. The rarity of this type of legal act means that an attorney may not be very familiar with the process, and some research may be required to draft the most effective and helpful petition.
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