One of the significant hurdles in Lemon Law litigation is the service record notation: “Could Not Duplicate” (CND). This occurs when a consumer presents a vehicle for repair, but the service technician is unable to replicate the reported defect during their inspection.

From a legal standpoint, a CND notation can complicate a claim, as manufacturers may argue that no repair attempt was actually made. However, a CND finding does not necessarily invalidate a claim if the consumer takes specific steps to preserve the record.

The Legal Significance of the Repair Order To qualify under Lemon Law, a consumer must typically demonstrate that the manufacturer had a “reasonable number of attempts” to cure the defect. A repair order serves as the primary evidence of these attempts. It is vital that the service advisor accurately records the consumer’s complaint on the intake document, regardless of the technician’s subsequent findings.

Strategies for Documentation If a vehicle is returned with a CND status, the following evidentiary practices are recommended:

1. Verification of Complaints: Before leaving the dealership, review the invoice to ensure the complaint was written exactly as described.
2. Diagnostic Ride-Alongs: Requesting that a shop foreman accompany the driver can help demonstrate intermittent defects that static testing might miss.

Digital Documentation: In instances of intermittent electronic or mechanical failures, safe video recording of the defect by a passenger—capturing the occurrence alongside the vehicle’s VIN or odometer—can serve as supplementary evidence to rebut a CND finding.