Thursday, January 08, 2004

Now if I can just get one of those audita querela cases

As a civil procedure buff, I enjoyed this How Appealing post, which describes this Sixth Circuit opinion, as holding that the prohibition in the rules against the writ of audita querela does not mean what it says.

The opinion, quoting AmJur, says that "The common-law writ of audita querela is a remedy granted in favor of one against whom execution has issued or is about to issue on a judgment the enforcement of which would be contrary to justice, either because of matters arising subsequent to its rendition, or because of prior existing defenses that were not available to the judgment debtor in the original action because of the judgment creditor’s fraudulent conduct or through circumstances over which the judgment debtor had no control.” Well, ok, then. The case involved a woman about to be deported to Nigeria.

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