Writ of Audita Querela
/ˈrɪt əv ˈɔːdɪtə kwɪˈrɛlə/
Definitions
- (n.) A rare common law writ allowing a defendant to seek relief from a judgment due to a defense or discharge arising after the judgment was rendered.
The defendant filed a writ of audita querela to challenge the enforcement of the debt after discovering new evidence.
Forms
- writ of audita querela
- writs of audita querela
Related terms
See also
Commentary
Historically significant but rarely used today, this writ permits a defendant to assert new defenses or discharge to bar enforcement of a judgment when no other remedy is available.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.