Text Messages and Spoliation: A Couple Lessons from Recent Case Law
The Wyoming Lawyer, Vol. 38, No. 6, December 2015
2 Pages Posted: 15 Feb 2016
Date Written: December 1, 2015
In numerous ways, the law is catching up with technology, particularly relating to discovery. For some time, text messages were frequently overlooked by parties and not specifically addressed in litigation holds. However, as text messaging has gone from being a novel feature of phones to being a ubiquitous form of communication (and in fact, a form that for many has become preferable to actually having to speak with people over the phone), the need for parties to specifically address text messages in litigation has increased. This article reviews recently-decided cases involving text message spoliation claims, and provides analysis on trends of which litigants should be aware.
Keywords: text, text message, litigation, discovery, spoliation, electronic, digital, ediscovery, e-discovery, sanctions, litigation hold, court, judge, deleted, deletion, litigation hold, evidence, evidentiary, rules, civil procedure, Rule 26, Rule 37, adverse inference
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