Greenberg Traurig Shareholder Katy Cole spoke on a panel on obtaining mobile phone evidence through discovery.
Evidence from mobile phones, such as call logs and location data, and evidence from social media sites, can be invaluable and relevant evidence. Not everyone, however, may be willing to share such evidence, have access to it, be available, or even locatable. The data, however, almost certainly exists.
Counsel must know more than where to view such evidence online. They must know how to actually obtain this evidence in a usable form and in a way that makes it admissible in court.
Attorneys must know how to make the strong showing necessary to persuade reluctant judges to allow discovery of personal devices. Court involvement is often required to get data from the source.