In the wake of the suspicious deletion of various text messages sent and received by the Secret Service concerning the Jan. 6 insurrection, lawyers across the country are asking the question, whether their discovery efforts have been as comprehensive as they should be.

While there is no doubt that the intentional deletion of a relevant communication or record is improper—whether it be on a cellphone or otherwise—some may be wondering whether text messages (and other social media-based communications) should be included in routine discovery requests, and whether they are part of a party’s preservation obligations. The answer to both musings is almost always going to be “Yes.”

Is Collecting This Data Really Necessary?