02/26/2009 07:47:53 AM EST
Are Social Networking Sites Subject to Discovery?
In an article written for law.com, Ronald J. Levine and Susan L. Swatski-Lebson examine whether information posted on social networking sites is discoverable. In the piece, the authors provide practice tips on how to make the information discoverable and how to make it admissible. As the article notes,
Courts weighing the admissibility of Web site postings, e-mail and instant messages are generally holding that these communications can be admissible provided the following two conditions are met. First, unless they are admissions or are subject to another exception, the content cannot be offered for the truth of the matter asserted. This is because Web site postings are considered out of court statements; thus, they may be subject to a hearsay objection. Second, the proponent must offer direct or circumstantial evidence as to the content's authenticity.
If you have a subscription to lexis.com, you can access Moore's AnswerGuide: Federal Discovery Practice to answer your basic questions about discovery in federal civil cases, including topics such as privilege, discovery of electronically stored information, and discovery from nonparties.