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- Audita querela (Law Latin for "[the] complaint [having been] heard") 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. (en)
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- . . . I tell you plainly that Audita Querela is given rather by Equity than by Common Law, for quite recently there was no such suit, and possibly the suit is given only to the first. (en)
- As one commentator succinctly summarized, the writ of audita querela is "shrouded in ancient lore and mystery." (en)
- . . . jeo vous die bien que Audita Querela est done plus dequite qe de comune lay, qar ore tarde il ny avoit pas tiel suyte, et par cas la suyte est done forsqe al primer. (en)
- [Audita querela] is a writ of a most remedial nature, and seems to have been invented, lest in any case there should be an oppressive defect of justice, where a party has a good defence, but by the ordinary forms of law had no opportunity to make it. but the indulgence now shewn by the courts in granting a summary relief upon motion, in cases of such evident oppression, and driven it quite out of practice. (en)
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- While Slate is probably reliable for the story, it's not reliable for any of the mechanical aspects of writ use, and an academic publication should be preferred. (en)
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- Y.B. 17 Edw. 3, 27b, Easter term, pl. 24 (en)
- , quoting Fed. R. Civ. P. 60, 1946 advisory committee notes. (en)
- William Blackstone, Commentaries on the Laws of England, volume 3, page 405 (en)
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- Audita querela (Law Latin for "[the] complaint [having been] heard") 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. (en)
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