Adverse Inference Instruction for Failure to Preserve Text Messages

There are plenty of cases in which courts provided sanctions for a failure to preserve and produce relevant electronically-stored information (ESI).  But there are practically no such cases involving text messages.  As texting becomes more prevalent and important, this area will continue to evolve.  However, as a general proposition, there is usually not much relevant data to produce outside of the criminal area because of the more limited storage for text messages that mobile devices hold. 

A recent case (but still involving a criminal matter) provided an adverse inference instruction.  We updated our article involving text message discovery, which describes the background, technology and related limitations.

Permanent link to this article: http://betweenthenumbers.net/2011/01/adverse-inference-instruction-for-failure-to-preserve-text-messages/

3 comments

    • Hugo on January 26, 2011 at 6:50 AM
    • Reply

    It is a thing I need to do more research into, thanks for the post.

  1. You have some genuinely beneficial information composed here. Good job and keep posting good stuff.
    My site is acne medication

    • Tatry on August 30, 2011 at 12:37 PM
    • Reply

    Hey There. I found your blog using msn. This is a very well written article. I’ll be sure to bookmark it and return to read more of your useful info. Thanks for the post. I will definitely comeback.

Leave a Reply

Your email address will not be published.

*