With the prevalence of social media, practitioners face not only a new source of evidence but also a new source of discovery disputes.
Florida courts, however, are providing guidance to resolve these disputes. The basic message is that social media is like other sources of evidence—relevant information is required to be disclosed and is not protected by the right to privacy. In seeking information from social media, there are certain considerations to follow.
The Second District Court of Appeal reinforced that documents requests must seek documents relevant to the claims or defenses of the action.
In Root v. Balfour Beatty Construction, the plaintiff, a mother, brought a negligence action on behalf of her son, who was hit by a vehicle, and a derivative claim for loss of parental consortium. In response, the defendants raised several affirmative defenses, including negligent entrustment of the son related to an aunt’s failure to supervise the child when the accident occurred.
During the litigation, the defendants sought and received an order for the plaintiff to produce postings in her Facebook account—before or after the accident—related to counseling; relationships with her other children; relationships with other family members, boyfriends, husbands or significant others; mental health, alcohol or other substance use; and other lawsuits.
Read more: http://www.dailybusinessreview.com/id=1202716744769/Forget-Privacy-Courts-Open-to-Discovery-of-Social-Media-Photos#ixzz3QtJ7eiOG