Error coram nobis

The writ of coram nobis (also known as writ of error coram nobis, writ of coram vobis, or writ of error coram vobis) is the name of a legal order allowing a court to correct its original judgment upon discovery of a fundamental error which did not appear in the records of the original judgement’s proceedings and would have prevented the judgment from being pronounced. The term “coram nobis” is Latin for “before us” and the meaning of its full name, quae coram nobis resident, is “which [things] remain in our presence”. The writ of coram nobis originated in the English court of common law in the English legal system during the sixteenth century.

The writ of coram nobis still exists today in a few courts in the United States. In 1907, the writ became obsolete in England and replaced by other means of correcting errors; however, the writ survives in the United States in various forms in fifteen state's courts, the District of Columbia courts, and US federal courts. For those courts with the authority to issue a writ of coram nobis, the rules and guidelines differ – sometimes significantly. Each state is free to operate its own coram nobis procedures independent of other state courts as well as the federal court system. In other words, the criteria required to issue the writ in one state (or federal) court system are different from the criteria required to issue the writ in a different court system. A writ can only be granted by the court where the original judgement was entered, so those seeking to correct a judgement must understand the criteria required for that specific court.

The first known use of the writ of coram nobis in a court of law occurred in England during the 1500s. The writ of coram nobis was identical in nature to a writ of a similar name: the writ of coram vobis. Writs of coram nobis were issued by the court of King's (or Queen’s) Bench while writs of coram vobis were issued by the court of Common Pleas. Both courts were branches of the English judicial system from the 13th century until the late 19th century.

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