The writ has also been adopted to some specialized United States federal criminal practice, especially involving the effects of sentences on immigration law.
[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.
The former granted several English courts greater liberty to review affidavits and award summary relief in cases involving charitable trusts.
The latter permitted bearers of promissory notes and endorsed bills of exchange to pursue ex parte proceedings for summary judgment through the filing of an affidavit.
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.. .
Holdsworth's History of English Law cites an early legal opinion by John Stonor as well as Blackstone's Commentaries for the proposition that the writ was of an equitable nature.
[11] Prior to the abolition of audita querela in England, the equivalent action in Scots law was suspension to stay diligence.
[12] In United States jurisprudence, the writ of audita querela functioned as a common-law action, sounding in tort.
An essential element of bringing an action at audita querela was injury or danger thereof, and it had to be brought between the two parties of the earlier proceeding that rendered the judgment.
First, like in England, the writ could be used when a defense was not brought during the earlier trial because it was unavailable, or if the debt subject to the judgment had since been discharged.
[18] The writ has been explicitly abolished in the states of Florida,[19] Illinois,[20] Indiana,[21] Kansas,[22] Kentucky,[23] Massachusetts,[24] Michigan,[25] Minnesota,[26] Mississippi,[27] Missouri,[28] Nevada,[29] Oregon,[30] Rhode Island,[31] South Carolina[32] and Washington.
[39] Specific uses of the writ may include judgments that the debtor has paid, for debts that have been discharged in bankruptcy and that exceed the jurisdiction of the court.