October 6, 2010: Law.com Harvesting Evidence From the Sea of Text Messages
SO you are a textaholic, texting everyone your intimate thoughts, your rants and raves, your private thoughts. But wait: Are you being sued? Well if so those intimate texts are fodder for discovery!
Likewise have you been in an accident? Were you texting just before you crashed your car? Yup, that's discoverable too!
Texts also have metadata thus raising preservation challenges and often this metadata reveals potentially relevant and powerful information (think Tiger Woods).
As with e-mails, information regarding the frequency or even the mere existence of a text message at a given time may itself be significant, as in a 2008 case involving a train engineer in California who was alleged to have been texting at the time of a fatal accident
Also texts, unlike e-mails, typically travel from device to device the same way a cell telephone call travels, rather than over enterprise e-mail servers; text messages leave footprints that can reveal the general geographic locations of the sender and recipient at the time of dispatch and receipt
See the full article for more information and references on case law: Harvesting Evidence From the Sea of Text Messages
Litigation Topics and News Relative to Accident Reconstruction
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