Evidentiary Challenges to Social Media Evidence Now Routine When Best Practices Not Utilized

There has been no user authentication in Bill’s case either, meaning that none of the social media evidence is technically admissible and is therefore heresay. But, because it’s Bill White, the government thinks it can bend rules around like a discarded pretzel. The grounds on which these cases were attested apply to both legal farces in Roanoke and the one impending Florida.

Next Gen eDiscovery Law & Tech Blog

by John Patzakis

This past month of April saw a surge in case law involving social media cases with 112 cases published on Westlaw, representing a substantial increase from January of this year. There is no question that the volume of social media cases continues to rapidly increase each month. Note that this survey group only involves published cases on Westlaw. With less than one percent of total cases resulting in published opinions, and considering this data set does not take into account internal or compliance investigations or non-filed criminal cases, we can safely assume that there were tens of thousands more legal matters involving social media evidence that were adjudicated, or otherwise resolved last month alone.

What I found particularly compelling about these 112 April cases, is that six of those cases involved evidentiary challenges to social media based upon improper foundation and authentication grounds. Specifically, those cases are:

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