I have attempted to subpoena the social media host on several occasions only to find that they typically will not produce the persons social media, but instead send a form letter that describes how to authenticate the individuals you are seeking’s social media. I am familiar with both facebook and twitter having options in their accounts to download all of the posts into a file. This is the file that you would want for evidence gathering. The proper language is as follows:
FACEBOOK: Go to the Account Settings tab on Facebook and click on “General Settings”. Within the “General Settings” tab, click on “Download a copy of your Facebook data”. Facebook then begins the process gathering your information and saving your Facebook archive. Once the archive is complete, you will receive an email indicating that your Facebook download is complete along with a ling to allow you to download your Facebook data. Produce the data from the facebook download
TWITTER: Go to your Account page and click on “Settings”. Next, you will see a label stating “Your Twitter Archive”. Click on “Request Your Archive”. Again, like Facebook, Twitter will send you an email to download your Twitter archive. The archive will include a list of all tweets, along with a date and time stamp for each message. Produce the data from the twitter download.
Use of social media in a divorce and family law trial can make or break your case. Always ask for it, everytime.
ABOUT THE AUTHOR
Michael Busby Jr. is a divorce & family law attorney, who practices in Harris and Fort Bend Counties, Texas. He has been in practice for over 14 years and has tried over 300 cases. He is familiar with the policy and procedures of the Harris and Fort Bend County Texas family law courts. Our office is open until 8:30 p.m. on Wednesdays and Saturday from 9 a.m. to 1 p.m. for working folks. Michael Busby Jr. 2909 Hillcroft Suite 350 Houston, Texas 77057 (713) 974-1151 Visit me on the web at www.busby-lee.com