Audita Querela

Audita Querela is a form of action which lies for a defendant to recall or prevent an execution, who has grounds to show that such execution ought not to issue against him, or on account of some matter occurring after judgment amounting to a discharge, which could not have been and cannot be taken advantage of otherwise. It is a remedial process, equitable in its nature, based upon facts, and not upon the erroneous judgment or acts of the court, in which damages may be recovered if execution was improperly issued. In the United States, it has in some states been entirely superseded by relief granted upon motion, while in other states it is recognised by statute and of frequent use. The writ of Audita Querela does not lie against the government.