writ of coram nobis

writ of coram nobis

(writ of core-uhm noh-bis) n. from Latin for "in our presence," an order by a court of appeals to a court which rendered judgment requiring that trial court to consider facts not on the trial record which might have resulted in a different judgment if known at the time of trial. (See: newly-discovered evidence)

References in periodicals archive ?
10, (McKinney 2005) ("In 1943 the Court of Appeals resurrected the ancient writ of coram nobis by which a person convicted of an offense could petition the trial court to exercise its inherent power to set aside the judgment of conviction on the basis of facts not disclosed prior to judgment due to duress, fraud or excusable mistake; which, had they been disclosed to the court, would have prevented entry of the judgment.
Usually, a writ of coram nobis is used to attack a judgment that was infirm at the time it issued, for reasons that later came to light.
The United States inherited these writs, and while many have been abolished or have become unnecessary, such as the writ of coram nobis, which has been replaced by the right to file a motion for relief under Florida Rule of Civil Procedure 1.