New York Appellate Division 1st Department Rules on Discovery of Facebook Posts

The defendant sought to introduce evidence from the plaintiff’s Facebook account to contradict the plaintiff’s claim that her “social network went from huge to nothing.”  During deposition, the plaintiff had admitted to posting photographs depicting her engaged in fun activities.  The plaintiff had deactivated her Facebook account sometime after the accident and after the commencement of the case.  Subsequently, the defendant made a motion to obtain all the plaintiff’s Facebook records without limitation.  This included all text messages sent through Facebook, photographs, and any other content posted.

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