By now it should come as no surprise that content posted on Facebook, Instagram, Twitter, LinkedIn and other online forums is open for the whole world to read. Nor is it a secret that such public postings are discoverable in court.

Like social media itself, laws concerning the discoverability of social media in family law proceedings is evolving.

In January, the Fourth District Court of Appeal in Nucci v. Target, 40 Fla. L. Weekly D166, a personal injury case, compelled discovery of photographs from the social media accounts of the plaintiff, a customer of Target. Target argued that the images are relevant to the plaintiff's claim of injury in that it would allow a comparison of her current physical condition and limitations to her physical condition and quality of life before the date of a slip and fall.