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The purposes and consequences of searches of social media produce rich information which can be used by and against litigants on trial or in settlement negotiations.
This article will review the where and what can be procured, how we as advocates can delve for treasure on the social media websites and in digital communications, as well as protect our clients from the pitfalls to which they may expose themselves in being modern in our new world. Texts, emails, phone numbers, call histories, GPS and Internet search histories, and social media sites, like Facebook, Myspace and the dating services.
Also, either spouse can subpoena the text messages from all numbers by subpoenaing the records from the cell phone provider.
The records are usually only kept for a specified amount of time, but often the most recent is the most useful, so do it quickly at the beginning of a case.
They provide a window that provides perhaps a reflection of someone’s real thoughts and intentions at times when they are not thinking like a litigant. Clients can send you the entire chain of texts between spouses so attorneys can review them to see if there is any gold in that mountain.
We as advocates need to tell our clients that if they do not want a judge to see it, don’t write it down.
To prepare a subpoena for a specific email account, you need to have the accounts holder’s personal details.Tell your client to use a disposable cell phone that cannot be traced to him (eg.do not charge the purchase to a credit card) for any calls that may later prove to demonstrate something he or she does not want to explain or that may damage his or her case.Second: early in your case, ask that the opponent keep all Social Media sites intact during the case, and preserve all texts and emails, so that there is no loss of evidence.Text messaging is the most common form of divorce evidence.