Writ of Audita Querela – a judgment debtor seeks a rehearing due to newly discovered evidence or newly existing legal defenses

Writ of Audita Querela:

[Law Latin ‘the complaint having been heard’] (16c.) A writ available to a judgment debtor who seeks a rehearing of a matter on grounds of newly discovered evidence or newly existing legal defenses.”

     Excerpt fromL.B. Curzon, Ienglish Legal History 103 (2d ed. 1979):

The writ of audita querela (= quarrel having been heard)… introduced during the time of Edward III, was available to re-open a judgment in certain circumstances. It was issued as a remedy to a defendant where an important matter concerning his case had arisen since the judgment. Its issue was based on equitable, rather than common law
principles.

     Excerpt from 7A C.J.S. Audita Querela § 2, at 901 (1980):

     “Audita querela is a distinguished from coram nobis in
that coram nobis attacks the judgment itself, whereas audita querela may be directed against the enforcement, or further enforcement, of a judgment which when rendered was just & unimpeachable.

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