The Badran ruling exposed a growing risk: courts are redefining admissibility without guidance from the profession that creates the record. As audio-based reporting and vendor workflows spread, efficiency arguments are replacing evidentiary law. This article offers a clear roadmap for how NCRA can act—now, in active cases, and long-term—to defend due process, professional oversight, and the integrity of the record.
Tag Archives: JudgeVignuolo
When Efficiency Overrides the Law – Why Badran v. Badran Got Admissibility Wrong
The Badran v. Badran ruling did not affirm professionalism in modern depositions; it excused its absence. Admissibility does not turn on convenience, volume, or after-the-fact agreement. It turns on lawful process and qualified human oversight. Agencies are not officers of the record, and parties cannot stipulate away licensure, evidentiary foundation, or due process in the name of efficiency.