A state court judge in Pennsylvania has come up with a
new way to afford litigants access to social media as part of discovery in a
pending civil action. Daniel Cummins at Tort Talk has the details:
The Judge's page long Order does not provide
the background on the case leading up to this Motion and Order, or why such
discovery was pursued by the Plaintiff.
While the Court did grant the Plaintiff
access to the Defendant's Facebook page and ordered the Defendant not to delete
any info from the Facebook profile, the Defendant was granted permission to
change his login name and password after seven (7) days following his
compliance with the Court's Order.
Anyone desiring a copy of this Order may
Not only did the judge create a new way for party-access
to social media accounts, but did you notice that a plaintiff received access
to the defendant's social-media account. Not that this is entirely that
surprising. Indeed, any information (paper, electronic, even social media) that
is likely to lead to the discovery of admissible evidence in a civil action may
be fair game during discovery for either side.
In the employment context, corporate-litigants should be
mindful that if you press hard for a former employee's social media goodies during
employment-related litigation, the plaintiff may just fire back with a few
This article was originally published on Eric B. Meyer's blog, The Employer
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