Sample Questions for Discovery of Social Media Evidence

I've enjoyed speaking with claims personnel, insurance professionals, clients and other attorneys about discovery of social media evidence. There are a lot of exciting developments in this emerging area of discovery, and I anticipate that social media evidence will play a growing role in personal injury cases as time goes on.

Below, I've provided some of the discovery requests that I've used over the years to solicit social media evidence. I hope they may be useful to those of you working in claims and litigation. I'm also happy to receive any comments that any of you may have. These discovery requests are always a work in progress; they must be revised from time-to-time as the social media habits of the general public change.

Please feel free to reach out to me with your thoughts and comments.

Sample Interrogatories for Social Media Discovery

Please identify each internet-based social networking site that you have used during the past five years (e.g. Ask.fm, Blogspot, BuzzFeed, CafeMom, Class mates, DeviantArt, Facebook, Flickr, Foursquare, Google +, Habbo, Instagram, LinkedIn, LiveJournal, Meet Me, Meetup, MyLife, MySpace, MyYearbook, Periscope, Pinterest, Quora, Reddit, Reunion, Snapchat, Tagged, Tumblr, Twitter, Vine, VK, Windows Live Spaces, YouTube, etc.). For each such site identified, please include the name and address of the service provider, the name and address of the account holder, your user name or avatar, the URL where the account was/is available, and the dates during which you used the account.

Please identify each text messaging and/or instant messaging service (including, but not limited to, AT&T BlackBerry Messenger, C Spire Wireless, DTC Wireless, Facebook Messenger, Kik, MobileNation, QQ Mobile, Skype, SouthernLINC, Sprint, Telegram, T-Mobile, U.S. Cellular, Verizon, Viber, WeChat, Weibo, WhatsApp, YikYak, etc.) upon which you received or transmitted any information which is related in any way to your claim, your injuries and/or your damages. For each such service identified, please include the name and address of the service provider, the name and address of the account holder, your user name or avatar, and the dates during which you used the service.

Please list all steps which have been taken to identify and preserve any electronically-stored information (e.g. such as Documents stored on any type of computer, text/instant messages, magnetic storage, solid state device, remote/cloud storage—including all social media and other information stored on the internet or accessible from websites, etc.) in connection with the incident or the injuries resulting from the incident.

Do you use a fitness tracking device such as a Fitbit, Garmin Vivofit, Microsoft Band, Striiv Fusion, Jawbone UP, Misfit Shine, Nike+, Apple Watch, Polar, Bowflex Boost, BodyMedia Fit Link, Withings Pulse or similar hardware device, or do you use fitness tracking software on your mobile phone or computer which tracks, for example, the number of steps you take and/or the types of activity you engage in (such as Endomondo, MapMyFitness, My Fitness Pal, Runkeeper, Strava, etc.)? If so, please identify the type of device/software you use, the username for any account associated with the device/software, and indicate the date(s) you begin using the device/software.

Sample Requests for Production for Social Media Discovery

For each social network account you have (i.e., Ask.fm, Blogspot, BuzzFeed, CafeMom, Class mates, DeviantArt, Facebook, Flickr, Foursquare, Google +, Habbo, Instagram, LinkedIn, LiveJournal, Meet Me, Meetup, MyLife, MySpace, MyYearbook, Periscope, Pinterest, Quora, Reddit, Reunion, Snapchat, Tagged, Tumblr, Twitter, Vine, VK, Windows Live Spaces, YouTube, etc.), please produce a copy of each page and each photograph that includes your image for the period beginning two years before the subject incident up to (and including) the present.

Please produce an electronic, native copy of the information available on each page of your Facebook account (if you maintain one) for the period of time beginning one year before the incident up to (and including) the present. To do this, log in to Facebook, click on the down arrow symbol at the top right of your home page and select “Settings;” then, click “Download a copy of your Facebook data” which appears just below your General Account Settings; finally, click “Start My Archive.” Facebook will notify you via email when you page is available for download. Please produce a copy of the file Facebook makes available, subject to the limitations of the period of time beginning one year before the incident up to (and including) the date that Facebook generates the file.

Please produce a printout of any data collected by a fitness tracking device such as a Fitbit, Garmin Vivofit, Microsoft Band, Striiv Fusion, Jawbone UP, Misfit Shine, Nike+, Polar, Bowflex Boost, BodyMedia Fit Link, Withings Pulse or similar hardware device, or fitness tracking software on your mobile phone or computer which tracks, for example, the number of steps you take and/or the types of activity you engage in (such as Endomondo, MapMyFitness, My Fitness Pal, Runkeeper, Strava, etc.).