Non-economic damage issues

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Reference no: EM133503160

As the traditional methods of discovery are changing along with the constant evolving internet and technoogy capabilities so does the question of what rules need to be amended to be admissible in court. One platform that is now making it's way into the courtroom is social networking. Social networking sites such as Facebook and Twitter are two majors forms of information that is being used in civil litigation proceedings. There are three areas that civil litigation in which social media is relevant. It may play a role in a family law, such as divorce cases or child welfare cases. It is quickly becoming a source of key evidence is employment cases.

One of the last areas is non-economic damage issues. Traditional information is stored differently than social networking information.

Social networking information is stored permanently on third party servers that make it difficult to access. The Advisory Committee on Civil Rights designed e-discovery admendments with business information in mind not personal information. This becomes an issue in if the information will be allowed as part of the discovery process. Social networking information is intimate and causes privacy issues. Social media has the ability to control who can see the information and what information is shared. Courts are struggling to keep pace with the evolving technology and world wide web. Rapid expansion of electronic information in the 1990's forced courts to develop new rules pertaining to electronic information. In 2006 amdendments were made to the Federal Rules of Civil Procedure that incorported ESI rules and procedures. Courts are currently in the phase of having to make more amendments with the changing technology and information found on the web.

Reference no: EM133503160

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