The use of electronically stored information as evidence in family law litigation has increased dramatically. Electronically stored information is defined as “information created, manipulated, communicated, stored, and best utilized in digital form, requiring the use of computer hardware and software.” The most common forms of this type of evidence include e-mails, voicemails, text messages and, very significantly, information from social networking sites. Because of the proliferation of this type of information, the family law attorney needs to be familiar with the availability of this type of evidence as well as the rules governing its admissibility.
The most striking change in the use of electronically stored information in family law cases has been the proliferation of media accounts relating to evidence found on social networking sites such as Facebook or MySpace. In a recent survey conducted by the American Academy of Matrimonial Lawyers, 81% of responders said they had seen an increase in the use of social networking evidence during the past five years. In fact, the survey cited Facebook as the “unrivaled leader for online divorce evidence,” noting that 66% of those surveyed cited it as a primary source.
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