Most in the e-discovery industry would agree that preserving and producing text messages from mobile devices in litigation is challenging, whether the mobile devices are issued by the corporation or personally owned by employees.
A limited amount of storage is available on mobile devices, making it difficult to preserve text messages and continue to use the device for messaging. (PTSI v. Haley, Super. Ct. Pa). Also, without repeatedly forensically imaging the devices, an impractical and burdensome endeavor, there’s no easy way to preserve text messages on an ongoing basis.
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