PALM BEACH TRIALS & LITIGATION: CAN YOU GET SOMEONE’S FACEBOOK POSTINGS ?
How does Facebook and Palm Beach probate litigation overlap? Social media and discovery in Palm Beach trials and lawsuits collide in a recent Florida appeals case.
Can one side, or a Florida court, make you produce all your Facebook postings,”likes” and dislikes? Yes! ……….. if it’s relevant to the lawsuit.
Asking someone you are suing, or who sued you, in a Palm Beachlawsuit, for their Facebook information may seem “overbroad” or “overly broad.” But Florida courts, and the Florida rules of Civil Procedure, understand that social media, like Facebook, is really about basic discovery in a new , or, “novel context.”
Can I get information from the other side about their Facebook account ? Twitter acount? Text messages?
Discovery during or before a Florida trial will be granted if it’s
- relevant
- admissible–or reasonably calculated to lead to admissible evidence
Relevance in Florida trials is thought of as “stuff” (evidence) is more likely than not to prove a material fact , or disprove a material fact.
So………..don’t post on Facebook or tweet about your Florida lawsuit or your Palm Beach probate.