Thursday, March 28, 2013
From the ALI CLE blog:
Facebook and other social media sites aren’t just for finding out what your friends are up to anymore. The next time you sign into your account, you could find that you’ve been served with legal papers. Certain parties can be impossible to track down – they have no known residence or place of work, and publishing a notice in the local paper doesn’t guarantee they’ll see it – so what other options do we have? Australia, Canada, the U.K., and New Zealand have now determined that a social media site can be used when the court can establish that the account is being actively used and is maintained by the actual person it claims to be.
It’s already happening on a case-by-case basis in Utah and in federal court. Texas is considering allowing social media service under certain conditions.