More lawyers are learning the hard way that courts will not grant social media discovery requests without first laying a foundation for access to the accounts and information being sought.
A trial court judge on New York’s Long Island recently granted two different motions to strike defense requests for social media and electronic discovery in a single personal injury case (read the decision below).
The decision reinforces the idea that Facebook “fishing expeditions” are likely to be denied. Lawyers who simply ask for social media and electronic data, will be wishing they had done their homework, because without showing how and why they should be granted access to it, their requests will almost certainly be denied.
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