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The Scope of Social Media Discovery

The Scope of Social Media Discovery

Most people post just about everything on social media. The days of private events are nearly gone. This creates an interesting problem for a personal injury attorney. Keeping up with social media is necessary when dealing with inevitable discovery disputes.

Towards the end of last year there was a significant decision issued on the topic of social media discovery. The plaintiff in this particular case claimed that her injuries prevented her from participating in “social and recreational activities.” During depositions the plaintiff indicated she had deactivated her Facebook account. A dispute occurred over photos that were added prior to deactivating the account. The trial court ordered all privately posted pictures of herself on Facebook that were going to be introduced during the trial. When photos are requested from a social media account for trial they have to qualify as “Material and Necessary.”

Recently Tom Foley wrote an article for Nassau Lawyer looking at the role of social media discovery in court cases. The full Nassau Lawyer article can be found on page 5.

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