audita querela

audita querela (aw-dI-t[schwa] kw[schwa]-ree-l[schwa]). [Law Latin “the complaint having been heard”] 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. [Cases: Audita Querela

1. C.J.S. Audita Querela § 2.]

“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 defendant where an im-portant matter concerning his case had arisen since the judgment. Its issue was based on equitable, rather than common law principles.” L.B. Curzon, English Legal History 103 (2d ed. 1979).

“Audita querela is 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 and unimpeachable.” 7A C.J.S. Audita Querela § 2, at 901 (1980).

---

词条贡献者

译者崇载，国际名校知识产权法专业，擅长翻译各种与知识产权相关的法律文件。