While few civil cases reach trial, the discovery process often determines how, and if, they resolve. As legal practices evolve alongside technology, e-discovery has become both essential and increasingly complex. Despite being a cornerstone of modern litigation, electronic discovery remains one of the most difficult areas for courts and attorneys to navigate. From high costs to the sheer volume of digital information, e-discovery can either strengthen a case or create new legal pitfalls. When handled strategically, eDiscovery and pre-trial success often go hand-in-hand.
When Sharing Meets Strategy: The Social Media Dilemma
Social media plays a prominent role in many people’s lives. These platforms are semi-public by design, blending private life with public commentary. That blend has complicated the legal approach to social media content in e-discovery.
To strike a balance, many courts now require a “preliminary showing” before granting access to a party’s social media content. This added hurdle reflects judicial concern that posts shared with select individuals should not be considered automatically discoverable under standard discovery rules.
But once this threshold is met, courts have shown a willingness to grant extensive access—sometimes even requiring:
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Usernames and passwords
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Full access to private profiles
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Disclosures that include highly personal, irrelevant content
These broad requests can erode privacy and create grounds for objection, even when technically permissible.
When eDiscovery Crosses the Line
Some litigants, frustrated by delays or noncompliance, try to go around opposing parties by subpoenaing social media platforms directly. While tempting, this tactic can backfire. Courts have ruled that doing so can violate the Stored Communications Act, and it’s rarely justified unless all other discovery options have failed.
Ethical eDiscovery. Defensible Outcomes.
SMI Aware helps legal teams collect critical online data without overstepping ethical or legal limits. From targeted social media discovery to defensible reporting, we support every phase of e-discovery to strengthen your case—pre-trial and beyond.
Learn how to start integrating smart social media discovery into your case early with SMI Aware.
