Social Media Discovery

While many people are now conscious of what they say in emails, the same does not always remain true for other forms of social media including status updates, tweets and instant messages.  As these methods of communication become more useful in today’s business world, courts have also recognized their importance to the discovery process.

As of September 1, 2012, such messages from social media and any type of Electronically Stored Information, or “ESI”, will be discoverable during the course of litigation in Florida state courts.  With this change the Florida Rules more closely reflects the Federal Rules of Civil Procedure.  This rule now opens the possibilities of obtaining admissions or agreements of parties, while also providing limits on costs, so courts may address the reasonableness of such practices.

Source: “In Florida, Twitter and Facebook Updates are Discoverable,” Wendy Polit and Jose Ferrer.

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