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.
Litigation: Personal Injury
Update on the Discoverability of Private Facebook Pages
The Legal Intelligencer
November 20, 2012