Manually Saving and Producing Text Messages Here’s a rundown of the pros and cons of each. Hopefully you’ll never end up in this situation, but if you do, there are a variety of methods you might consider using in order to produce them for review. The judge told Heinz to interview 10-12 custodians in order to determine whether they’d used their personal phones to text about company matters, and produce those texts to the defendant if so.īut the practice has become more and more common in recent years, and it’s gotten to the point where businesses may need to start widening the scope of their litigation holds to cover text messages on company phones - or else risk spoliation. One of the earliest cases that helped set precedent was H.J. The discoverability of text messages is nothing new. When it comes to litigation and investigations, text messages are “electronically stored information” (ESI) subject to discovery by opposing parties. If you’ve ever used your phone to send a text message for business purposes, it could suddenly and unexpectedly become a mouthwatering eDiscovery target for opposing legal teams. Think your text messages are private? Think again. Don’t miss our overview on how to collect email data for discovery across a wide number of common platforms. This post is part of our “How to Export and Review” series.
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