Litigation: Personal Injury

Update on the Discoverability of Private Facebook Pages

, The Legal Intelligencer


In today's digital and virtual society in which almost everyone has some sort of social networking page, it is critically important for attorneys to be aware of what is discoverable in a personal injury lawsuit. Currently, there is a dearth of Pennsylvania appellate case law on the issue of discoverability of nonpublicly viewable Facebook information (i.e., "private" photographs, wall posts, status updates and, inter alia, friend lists). However, several lower court opinions on this topic have recently been issued. A plurality of the decisions suggest that there should be a threshold demonstration that the nonconfidential Facebook information is likely to contain or lead to admissible evidence.

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What's being said

  • Daniel E. Cummins

    Nice synopsis of the current status of the law in this regard. I note that a copy of each of the opinions referenced in this article can be accessed online on the Facebook Discovery Scorecard on my blog, Tort Talk. Just go to the Tort Talk blog website at, scroll down the right hand column and click on the date noted under the "Facebook Discovery Scorecard" to access that page. There, click on the case name titles to be taken to the actual opinions online.

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