Texas Supreme Court Puts Parties Seeking Cell Phone Evidence on Hold
In the wake of In re Kararay, parties can no longer obtain broad, untargeted cell-phone data right out of the gate. Parties must first satisfy a two-step process before obtaining broad access to cell-phone data.
January 05, 2023 at 01:45 PM
9 minute read
EvidenceParties and witnesses in lawsuits increasingly are connected to the internet through smartphones and other devices. In 2021, the Pew Research Center estimated that 97% of all Americans owned a cell-phone, 85% owned a smartphone, and about 50% owned a tablet computer. Among other potentially crucial pieces of evidence, these mobile devices generate and store calls received and dialed, email and text messages, photos and videos, internet search history, Bluetooth pairing history, cell phone towers assessed, GPS location history, apps used, events calendared, and contacts. Evidence from mobile devices is particularly, but not exclusively, relevant in motor vehicle crash cases. The National Highway Traffic Safety Administration estimates 9% of all drivers are using their cell-phones at any given time, and the National Safety Council estimates about one in four motor vehicle crashes involve cell phone use at the time of the crash. Given the recent proliferation of mobile devices, it is no wonder that increasing numbers of cases involve some type of discovery request for data from mobile devices.
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