Are Facebook Posts Discoverable in Personal Injury Cases?

Facebook postings can be a treasure trove for attorneys in litigation.  But they may not always be discoverable by the opposing party.  A recent opinion from Florida’s Second District Court of Appeal indicates that Facebook data can be discoverable – but only if the information is relevant to the issues in the case.  In Root v. Balfour Beatty, the 2nd DCA held that the plaintiff’s Facebook postings weren’t discoverable by the defense because it was not immediately apparent that this information was relevant to the wrongful death claims asserted by the plaintiff.

The Short Version:  Courts can restrict discovery if they feel that the opposing party’s requests are nothing more than a “fishing expedition.”  

If you have questions about the scope and limits of discovery in Florida cases, contact the law firm of Beggs & Lane.  Our firm is one of the oldest law firms in Florida, and we’ve been handling these issues for a long time.  

Contact: 

Charlie Wiggins    ctw@beggslane.com      (850) 432-2451

 

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One thought on “Are Facebook Posts Discoverable in Personal Injury Cases?

  1. Marc Yu says:

    It’s almost like the “chicken or the egg” argument. You can’t read the posts to ascertain if they’re related to the case without a subpoena. But you can’t get a subpoena to read the posts unless you know the posts are related to the case. In this case, it was an obvious fishing expedition, but in cases where it will not be as clear, these types of questions will become a real challenge. We’re going to have to go back to having the judge looking at the evidence (i.e. Facebook posts) and make a judgment.

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