In such cases, the authenticity of the post must be established through circumstantial evidence since direct testimony is not available, and you will need the right software to both identify such evidence and properly collect it utilizing best practices to ensure its admissibility in court. The bottom line is that social media provides a treasure trove of evidence that also tends to fall under evidentiary hearsay exceptions, unlike other forms of out of court statements.īut if you are offering social media evidence under a hearsay exception in court, that would likely mean you have an uncooperative or otherwise unavailable party who authored the social media statement in question. This takes multiple forms, including flat out admissions of liability, or previous statements that contradict or otherwise impugn the integrity of a declarant. May 10, 2017) (Court orders production of entire Facebook Account history as relevant to mental and emotional state of Plaintiff)).Īnd finally, arguably the most compelling social media evidence stems from the propensity to self-incriminate oneself on Twitter, otherwise known as a Statement Against Interest under FRE 804(b)(3). While social media is a great place to find out what Kim Kardashian and Justin Bieber are thinking or feeling on a given day, the state of mind of a party or witness is a common issue in many legal matters. Join X1's partner program to develop and distribute the most comprehensive search solutions available. In other words, to quote FRE 803(3): “ Then-Existing Mental, Emotional, or Physical Condition. A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health)” While YouTube is known for cat videos, Twitter and Facebook are in large part a platform for statements like this: The second exception would be under FRE 803(1): “ Present Sense Impression. A statement describing or explaining an event or condition, made while or immediately after the declarant perceived it.”Īnd if the witness some time later did not recall details of the incident (two words: Vegas, hangover), the statement could be introduced as a recorded recollection under 803(5).Īnother key hearsay exception are statements offered as evidence of the then state of mind of the declarant. So no one can argue that the phrase “OMG” never has any legal consequence. (2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused.” I can highly recommend X1 Social Discovery and consider it an essential tool for any. I have found it easy to use, reliable for court purposes and supporting the widest range of cloud records relevant to my investigations. The first exception would be under Federal Rule of Evidence 803(2): I rely on X1 Social Discovery to collect and analyse cloud data on behalf of private clients and government agencies. Here is a quick legal evidence quiz: Identify the three distinct hearsay exceptions in the following Tweet: A recent decision from the Southern District of New York provides that the parties’ have obligations to conduct reasonable searches during discovery, but such searches may be targeted.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |