Court Limits Request for Social Media to Certain Relevant Information
On August 19, 2016, a Louisiana Middle District Court granted a motion to compel discovery of social media postings.
In this personal injury case, Movant sought, among other requests, an order compelling a “more complete responses” to his request for production concerning plaintiff’s social networking websites.
The Court deemed the discovery request to be overly broad. However, it still required Plaintiff to respond to the discovery request. In particular, it required Plaintiff to do so with some limitation by providing any document that meets one of the following criteria:
- postings by Plaintiff that relate to the accident;
- postings that refer to emotional distress suffered as a result of the accident;
- postings that relate to alternative potential emotional stressors or that are inconsistent with the mental injuries she alleges here;
- postings that relate to physical injuries suffered as a result of the accident;
- postings that relate to other, unrelated physical injuries suffered by Plaintiff; and
- postings that reflect physical capabilities that are inconsistent with the injuries that Plaintiff allegedly suffered as a result of the accident.