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- Wadden identifies three best practices for using social media in litigation. The first, he says, is to address the need for social media evidence at the beginning of a case. “Social media evidence can disappear quickly,” he says. “Consider that as a possibility in case planning, and do it early.”
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social media evidence may be relevant to your case. In Part A of this guide, we set out some considerations for finding social media evidence. In Part B, we identify some issues counsel should consider when using social media in litigation and highlight some examples of cases in which social media evidence was used. 2
Sep 24, 2018 · Wadden identifies three best practices for using social media in litigation. The first, he says, is to address the need for social media evidence at the beginning of a case. “Social media evidence can disappear quickly,” he says. “Consider that as a possibility in case planning, and do it early.”
- Elizabeth Raymer
Specifically, this Checklist offers guidance to counsel when preserving, obtaining, using, or otherwise dealing with social media during the early stages of litigation, discovery, and trial. For more detailed information on these best practices and tips, see Practice Note, Social Media: What Every Litigator Needs to Know.
A. Duty to Preserve Social Media Evidence.....5 B. Updating Document Retention Policies.....6 II. PURSUING SOCIAL MEDIA COMMUNICATIONS IN PARTY AND THIRD-PARTY DISCOVERY .....7 A. Obtaining Social Media Evidence through Independent
Jun 4, 2024 · Through this article, I will address the impact of social media on the legal field by addressing (1) the legal standards to admit social media evidence, (2) the ethical obligations that arise for attorneys seeking social media discovery, and (3) jurors’ perception of social media evidence.
Dec 1, 2023 · As social media continues to shape the way we communicate, its role in litigation is expanding. Courts and legal professionals must carefully consider the implications of digital evidence in...
Jun 6, 2018 · Social media evidence comes into play in two respects in litigation: the discovery process and admission at trial. The Ontario Rules of Civil Procedure state that “every document relevant to any matter in issue in an action that is or has been in the possession, control or power of a party to the action shall be disclosed. [6] ”
