Admissibility and Authentication of Social Media Evidence
(with co-authors, Lisa Bergstrom and Melissa Loureiro)
The possible ways social media could play a role in a lawsuit are endless. Social media usage has formed the basis for a lawsuit or criminal prosecution. Moreover, printouts of or electronic files from a social media website, especially a blog or a social networking website, increasingly are relevant to litigation, ranging from criminal cases to contract disputes, personal injury cases, civil rights actions, employment discrimination and commercial litigation. Relevant social media content frequently is sought in discovery and often is subject to a civil litigant’s common law duty to preserve evidence relevant to a foreseeable lawsuit. Also, social media evidence can be expected to be offered in any litigation that involves the state of mind, intent, or motives of the parties. Finally, jurors, attorneys, and even the judge may use social media in conjunction with a case.
Page last updated: Mon, 11/19/2012 - 11:32