Definitions for audita querela

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Webster Dictionary

  1. Audita querela

    a writ which lies for a party against whom judgment is recovered, but to whom good matter of discharge has subsequently accrued which could not have been availed of to prevent such judgment

Freebase

  1. Audita querela

    Audita querela is a writ, stemming from English common law, that serves to permit a defendant who has had a judgment rendered against him or her to seek relief of the consequences of such a judgment where there is some new evidence or legal defense that was not previously available. The writ is thus generally used to prevent a judgment from being executed where enforcement of that judgment would be "contrary to justice". At common law, the writ may be useful where a creditor engages in fraud before the judgment is rendered, or because the debt had been discharged, paid or otherwise satisfied after the judgment is rendered. The writ has existed at various times in England, Canada and the United States, and possibly Scotland. In England, it fell out of use in favor of less expensive remedies, and was ultimately abolished in 1875. In Canada, the writ has either fallen into disuse or been abolished entirely. In United States federal civil law, it was abolished by the Federal Rules of Civil Procedure in 1948, but still exists in the civil procedure of some states. The writ has also been adopted to some specialized United States federal criminal practice, especially involving the effects of sentences on immigration law. As to Scotland, few records exist as to the writ, though equivalent actions exist.

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"audita querela." Definitions.net. STANDS4 LLC, 2014. Web. 19 Dec. 2014. <http://www.definitions.net/definition/audita querela>.

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