A writ of coram nobis is a writ of error issued by the court to correct errors of law in its own judgment. It is a common law tradition that allows the court to correct its judgment and administer justice should facts that would have changed the judgment but were outside the record and unknown to the court at the time of judgment surface. Despite its relation to newly discovered facts, the writ is intended for issues of law, rather than issues of fact. The newly surfaced facts cast shadow on previously decided legal issues. See People v. Kim, 45 Cal. 4th 1078 (2009). Specifically, the writ of coram nobis is intended to correct a final judgment by the same court in which it was rendered by redressing a fundamental error in law, such as a deprivation of the right to counsel in violation of the Sixth Amendment.
In most states, the bar is relatively high for a writ of coram nobis. For example, in California, three requirements must be met before a writ of coram nobis can be issued.
First, the petitioner must show that the new evidence was not presented to the court on the merits, that the evidence would have prevented the rendition of the judgment, and that it was not due to their fault or negligence.
Second, the petitioner must show that the new evidence does not go to the merits of the issues tried; issues of fact are precluded once adjudicated, even if incorrect.
Finally, the petitioner must show that the new evidence was not known to them and that they could not in the exercise of due diligence have discovered the evidence at any time substantially earlier than the time of motion for the writ.
See also: writ of coram vobis
[Last updated in July of 2024 by the Wex Definitions Team]